Legal Question in Business Law in New York

Re: Business Call Recording requirements

N.Y.S. law PERMITS you to record the telemarketer's telephone call WITHOUT the telemarketer's knowledge or consent as long as the party at the other end whose telephone call you are recording are themselves calling you from within New York State and you are receiving and recording the telephone call in New York State. However, recording the telephone call when the caller is calling from outside New York State might be legally problematic, if you are recording without the caller's consent or knowledge.

The pertinent New York State law permitting recrodig of a telephone call with only one of the parties' consent needed is Section 250.00 (1) New York State's Penal Law which states an EXCEPTION to the general criminal prohibition to recording or wiretapping a telephone call WITHOUT EITHER parties' permission BUT which ALLOWS such with ONLY a SINGLE party's permission.

federal law, specifically Section 2511 of Title 18 of the United States Code (18 USC 2511,) has a similar exception which allows a party to recrd a telephone call WITHOUT the other caller's consent as an EXCEPTION to 18 USC 2511's general criminal prohibition to recording or wiretapping a telephone call WITHOUT EITHER parties' permission BUT which ALLOWS such with ONLY a SINGLE party's permission.

Re: Business Call Recording requirements

Get permission then get it again on the recording to be completely safe.