Legal Question in Civil Litigation in Iowa

Telephone recording device
Q. I have a very close friend and we contiue to grow closer. The problem is that my close friens landlord who also happens o be the now ex boyfriend found out how close we are and how i feel about her. My question is I know he can record if he is on the line but can he legally record when i and my close friend are talking and he is not even home? He has his recorder set to record evey time the phone is picked up. Ifound this statement but it is hard to understn can you put it in laymans terms?

Iowa Code � 727.8: It is a misdemeanor in Iowa under general criminal laws to tap into a communication of any kind, including telephone conversations, unless the person listening or recording is a sender or recipient of the communication, or is openly present and participating in the conversation. Thus, one party to a communication generally may record it without the consent of the other parties.

Iowa also has more specific legislation regarding the interception of communications that expressly allows the interception of wire, oral or electronic communications through use of a mechanical device by a party to the communication, or with the consent of at least one party, in the absence of any criminal or tortious intent. Iowa
Code �

Asked on 1/06/05, 5:59 pm

Stephen Lombardi Lombardi Law Firm

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Re: Telephone recording device

The case doesn't seem to have enough damages for civil courts. I'd suggest you file a complaint with the prosecutor in your county.

Answered on 1/07/05, 9:34 am

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