Legal Question in Telecomm Law in California
Taped Conversations
Can an individual tape your conversation with out your knowledge and then try to use it against you? What are my options of recourse?
1 Answer from Attorneys
Re: Taped Conversations
No they cannot.
It is illegal to tape record telephone converstaions without first notifying (and obtaining the tacit agreement of) all parties involved in the conversation.
In addition to the Federal Wiretap Act, many States have enacted CRIMINAL penalties which can be brought against individuals who surreptiously record telephone conversations. (Linda Tripp was prosecuted in Maryland for recording telcons with Monica Lewinski). California is another such State that has State laws on this subject.
On the CIVIL side, you may have further legal recourse for such tortious acts as misappropriation, or invasion of privacy, whereby dollar damages can be awarded under certain circumstances.
We hope the above information is useful, however, we cannot advise you as to the specifics of your case on an open Bulletin Board, and until we have received more complete information about the nature of your case. Moreover, we do not generally offer legal advice to persons other than our regularly retained clients.
For further information, check out our site: www.namesavers.net or call (949) 754-3048
Best Regards,
ANDERSON & SHIPPEY
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