Legal Question in Personal Injury in Florida

Can I press charges against a person who has recorded my wife's conversion with him/her without her consent and threatened(Harassment) to disclose the contents to other parties, and who later disclosed the contents of the conversion to 3 more parties without her consent. which led to mental trauma and consumption of poison and hospitalization. Does Florida law allow recording telephone conversations without the consent of both parties?


Asked on 4/07/14, 1:16 pm

3 Answers from Attorneys

Steven Meyer CPLS, P.A.

You really need to consult with an attorney who has experience in this field. Your wife may have a claim against the person who recorded and disclosed her calls. Recording a telephone call without a person's permission is illegal in Florida. We have handled cases of this type before, and would be happy to discuss the situation with you. We offer a free initial consultation. I am board certified in civil trial law, which indicates that I am an expert in handling civil trial matters. www.yourfloridaattorney.net

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Answered on 4/07/14, 1:36 pm
Barry Stein De Cardenas, Freixas, Stein & Zachary

Mr. Meyer is correct. You need to seek legal help for the issue. More specifically your wife needs to seek that help.

934.03 Interception and disclosure of wire, oral, or electronic communications prohibited.�

(1) Except as otherwise specifically provided in this chapter, any person who:

(a) Intentionally intercepts, endeavors to intercept, or procures any other person to intercept or endeavor to intercept any wire, oral, or electronic communication;

(b) Intentionally uses, endeavors to use, or procures any other person to use or endeavor to use any electronic, mechanical, or other device to intercept any oral communication when:

1. Such device is affixed to, or otherwise transmits a signal through, a wire, cable, or other like connection used in wire communication; or

2. Such device transmits communications by radio or interferes with the transmission of such communication;

(c) Intentionally discloses, or endeavors to disclose, to any other person the contents of any wire, oral, or electronic communication, knowing or having reason to know that the information was obtained through the interception of a wire, oral, or electronic communication in violation of this subsection;

(d) Intentionally uses, or endeavors to use, the contents of any wire, oral, or electronic communication, knowing or having reason to know that the information was obtained through the interception of a wire, oral, or electronic communication in violation of this subsection; or

(e) Intentionally discloses, or endeavors to disclose, to any other person the contents of any wire, oral, or electronic communication intercepted by means authorized by subparagraph (2)(a)2., paragraph (2)(b), paragraph (2)(c), s. 934.07, or s. 934.09 when that person knows or has reason to know that the information was obtained through the interception of such a communication in connection with a criminal investigation, has obtained or received the information in connection with a criminal investigation, and intends to improperly obstruct, impede, or interfere with a duly authorized criminal investigation;

shall be punished as provided in subsection (4).

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Answered on 4/08/14, 6:05 am
David Burns David H. Burns, P. A.

Recording a phone conversation without the permission of all parties to the conversation is illegal in Florida. Your wife would need to contact your local Sheriff or State Attorney's office if she wants to pursue criminal charges. She should also contact a local civil trial attorney for a free consultation regarding the possibility of a civil lawsuit.

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Answered on 4/08/14, 10:02 am


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