How does consent to making a recording work in an out of state situation?
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How does consent to making a recording work in an out of state situation?
I live in TN and would potentially like to record a phone conversation with someone in Santa Monica. I’m afraid if I tell them that I’m recording them the conversation will end. I know CA is a 2 party consent state. TN is not. How does that work? Would I be prosecuted?
Asked on April 3, 2019 under Personal Injury, Tennessee
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 5 years ago | Contributor
If you want to record a conversation the law of the state in which the non-consenting party controls. Here, since the other party is in what is known as an "all party consent state" (i.e. all people who are a party to the conversation must consent), then you must obtain their permission in order to legally record the conversation.
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 5 years ago | Contributor
If you want to record a conversation the law of the state in which the non-consenting party controls. Here, since the other party is in what is known as an "all party consent state" (i.e. all people who are a party to the conversation must consent), then you must obtain their permission in order to legally record the conversation.
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