Like many legal issues in America, the recording of phone calls is subject both to federal and state laws. As a result, where you are physically located when you record a phone is one of the major factors in determining whether what you’re doing is legal or illegal (Warning: Things get a lot more complicated when the parties on a call are in different states).
Federal law (18 U.S.C. 2511(2)(d)) allows you to record a phone call as long as one of the parties on the call consents to the recording (This is called a “one-party consent law”). If you’re one of the parties on the phone call, you can be the one who consents to the recording – but if you’re not, you’ll need the consent of at least one of the other parties in order to record it.
Although most states and the District of Columbia have enacted similar one-party consent laws, others require the consent of all the parties to a phone call in order for the recording to be legal (Despite the fact that these are often referred to as “two-party consent laws”, they actually require the consent of everyone on the call). The eleven states that generally require consent from all the parties are:
- New Hampshire
Florida is one of the states that requires the consent of all parties in order for a phone call to be legally recorded. As a result, you may not legally recall a phone call in Florida unless you have the consent of everyone who is on the call.
Violating Florida’s rule regarding the recording of phones calls may result in a criminal prosecution. Whether that prosecution will be for a felony or a misdemeanor depends on a number of factors but in either case, a successful prosecution will leave you with a criminal record. Some of the possible legal penalties associated with a conviction for illegally recording a phone call include the following:
- Community service
- Jail time
Contact the St. Petersburg Criminal Defense Lawyers at Khonsari Law Group Today
If you have been accused of illegally recording phone calls in Florida, you should speak to an attorney immediately. To schedule a free consultation with one of our lawyers, call Khonsari Law Group today at 727-269-5300 or send us an email through our online contact form.