| You may be wondering if it is legal to record another | | | | penalties and serve hard time for breaking the law on |
| person on the phone. This question has no doubt come | | | | telephone interception. For civil cases, criminal charges |
| to you just in time, as lately you have been thinking | | | | may not be pressed, but the guilty may have to pay |
| about buying a cell phone recording device. Such a | | | | back punitive damages. So make sure that your state |
| device can allow you to record conversations for | | | | allows telephone conversation recording, whether it is |
| business and personal conversations. After recording | | | | based on a one-party consent or two-party consent |
| you have the ability to transfer the recording to your | | | | system. |
| PC hard drive as a media file. You can retrieve this | | | | Another question is whether or not a recording made |
| information for any number of purposes, as evidence | | | | on a cell phone recording device can be used in court |
| or for your own curiosity. Now the question becomes, | | | | or for some other formal action. This really depends on |
| is using a cell phone recording device legal? | | | | whether or not the recordings were legally authorized. |
| In many U.S. states, tape recorded conversations are | | | | Surreptitious recordings, meaning that the person |
| only legal if both participating parties consent to the | | | | recording did not follow the state law on two-party |
| recording. However, there are some states in which a | | | | consent, are not admissible as evidence because they |
| single consenting party can make the recorded | | | | would be illegally obtained pieces of evidence. Even if |
| conversation legal; thus entrapment of the unknowing | | | | you use legal recordings as evidence, there is no |
| party may be permitted. There is also another | | | | guarantee that the evidence will be allowed into trial if it |
| provision for business conversations. This law states | | | | is challenged. |
| that monitoring and recording calls, such as with a cell | | | | Of course, many individuals use cell phone recordings |
| phone recording device, is legal for business owners to | | | | for their own curiosity, or to keep tabs on family |
| monitor employee conversations as well as recorded | | | | members. Some families have used such a device as |
| conversations with customers or potential customers, | | | | a deterrent that prevents children from making |
| as long as a notice of recording (implying consent) is | | | | expensive calls, or as a tool of surveillance. Others |
| given. However, it is not legal to record a call to which | | | | have used a cell phone recording device as evidence |
| you are not a party, or don't have permission to | | | | of harassment. Just remember that a cell phone |
| record. | | | | recording device is a powerful piece of equipment. Use |
| A cell phone recording device may be inexpensive but | | | | it responsibly and always follow state and federal law. |
| violating state law is certainly not. An individual or a | | | | (C) RecorderGear. |
| company can get fines thousands of dollars in | | | | |