Legal Question in Constitutional Law in California

Taping Telephone Conversations

My girlfriends husband has been taping her telephone calls for the last 7 months. She didn't know this, I have talked with her many times and I am on alot of those tapes. Is this legal, and can I do anything about this.--name removed-


Asked on 6/13/01, 5:25 pm

1 Answer from Attorneys
Stephen Gibbs Law Office of Stephen Gibbs

Re: Taping Telephone Conversations

I am handling an almost identical case right now.

EACH instance of tape recording by him, if done without your knowledge, is a felony. If you wish to press charges, and you have actual proof, you should go to the police station and file a complaint. The police should investigate it and then turn it over to the county District Attorneys Office.

Also, EACH instance of taping entitles each of you, (girlfriend & you) you to $2,500 damages in a civil proceeding.

The law covering this is in the Penal Code. If you live in the SF Bay area, and are interested in speaking with me about this, you can call me at (408) 295-8282 for a free consultation.

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Answered on 6/28/01, 2:22 pm


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