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  1. #1

    Default Call Recorded Without Me Knowing

    Wasn't sure were to post this. I was wondering what the law is regarding recording of phone calls. My Ex has been recording my phone calls with my children. I was never informed of this being done. I was wondering if that was a legal thing to do.

    Thanks

  2. #2
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,521

    Default Re: Call Recorded Without Me Knowing

    There is a reason we ask for your state. What state are you in? What state is your ex in?

  3. #3

    Default Re: Call Recorded Without Me Knowing

    Sorry about that. We are both in Virginia.

  4. #4
    Join Date
    Jan 2008
    Posts
    1,948

    Arrow Re: Call Recorded Without Me Knowing

    cut and pasted from http://www.rcfp.org/taping/states/virginia.html

    An individual can record or disclose wire, oral, or electronic communications to which he is a party, or if one party to the communication consents. Otherwise, it is a felony. Va. Code Ann. § 19.2-62.

    A lawyer’s recording of a telephone conversation with the consent of one, but not all, parties to the conversation was found to be legal, though unethical, under Virginia law. U.S. v. Smallwood, 365 F.Supp.2d 689 (2005).

    Under the statute, consent is not required for the taping of a non-electronic communication uttered by a person who does not have a reasonable expectation of privacy in that communication. See definition of “oral communication,” Va. Code Ann. § 19.2-61; Belmer v. Commonwealth, 553 S.E.2d 123 (Va. App. 2001).

    Criminal penalties for violating the law include imprisonment for one to five years or, at the discretion of a jury or judge, confinement in jail for up to 12 months and a fine of not more than $2,500, either or both. Va. Legis. 579. A civil cause of action is authorized by statute for $100 per day of violation or $1,000, whichever is greater. Va. Code Ann. § 19.2-69. Punitive damages, attorney fees, and litigation costs can be recovered under the statute as well. Va. Code Ann. § 19.2-69.

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