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recording phone conversations and legality

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Old Oct 2, 2001 | 01:07 PM
  #1  
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From: Austin
Default recording phone conversations and legality

Today, in a phone conversation in personal nature, after speaking with a business for a while (approximately twenty minutes), I then inquired if the phone conversation was somehow recorded because of the "distant" voice of the person on the other end. The other person said it was.

Its my understanding that this is a federal violation if they record the conversation without attempting to inform *all* parties of the conversation that it is being recorded by either verbal notification, a recording, or several beeps.

I'm merely going off of the TCA of 1984 and the revisions in 1996. Can anyone tell me a little more on the subject and what I can do?
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Old Oct 2, 2001 | 01:32 PM
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From: Denver CO
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I believe you're correct. That's why many businesses now have that disclaimer at the beginning of a call that says it might be recorded.
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Old Oct 2, 2001 | 01:36 PM
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From: Austin
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a friend threw me this link, now of course, I'm not sure how it stands and how current it is or if there are any holes in it - its not really a .gov but still... what is right and what is legal?

http://www.pimall.com/nais/n.recordlaw.html

It's important to understand the difference between what has become known as one party consent and two party or all party consent. One party consent simply means that one party to the conversation must have knowledge and give consent to the recording. Two party or all party consent means that every party to the conversation must have knowledge and give consent to the recording.
Texas is a one party consent state. Thus, only they'd need to know they are recording, correct? or....?
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Old Oct 2, 2001 | 02:02 PM
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From: Austin
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For Texas, that is correct, only one party involved needs to know about the recording..
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Old Oct 2, 2001 | 03:03 PM
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From: Shawnee KS USA
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Depends on the state you live in, & what state the party you are talking with resides....
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