Legal Question in Telecomm Law in Maryland

Phone Conversation Taped

I've had conversations with my ex. Her current husband had set up a recording device on the phone line and taped every conversation she had. He is now trying to blackmail me by revealing the contents of these tapes. I thought Maryland had a wire-tapping law that both parties had to consent, and if so, I do I go about stopping him.


Asked on 7/11/01, 2:04 pm

1 Answer from Attorneys
Michael Worsham Michael C. Worsham, Esq.

Re: Phone Conversation Taped

Maryland does have a "wiretap law" that requires both parties to consent to being recorded if the conversation takes place in Maryland. I believe that if the call was interstate (i.e you were in MD but they were in VA), then the federal "wiretap law" might apply, and preempt the MD law. Federal law may only require one party to agree to being recorded, and that one party can be the person (other than you) consenting to their own act of recording, thus making the call legal. I do not know of a case on point yet. This is a pretty gray area of the law. You may have a tort claim for invasion of privacy.

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Answered on 7/13/01, 12:31 am


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