Legal Question in Business Law in Massachusetts
Tape recording of phone calls
What are the laws regarding tape recording phone conversations? I deal with insurance appraisers and I would like to tape record conversations for edividence in possible legal action. How about vidio taping? Are window stickers warning of vidio taping enough?
Thank you
2 Answers from Attorneys
Re: Tape recording of phone calls
I only know about Massachusetts law. You can not tape record anyone without their knowledge and permission. Your attempt to use any surreptitously recorded "evidence" would open you up to criminal liability at least. I know that in Massachusetts some worker's compensation carriers video tape people in public places suspected of fraud . Again, unless there was an overwhelming necessity, I think the downside risk of secret recording is the real concern. A jury in a breach of privacy suit would not sympathize with a person gathering evidence against appraisers, they would sympathize with the person whose words and actions were captured without their knowledge.
Charles W. Cobb
Re: Tape recording of phone calls
You cannot record phone calls without permission of all parties. This law is enforced in a rather Draconian way, so I would refrain from doing it. As for video taped surveillance, I would obtain permission.
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