Denis Joseph Nexum Hardware.

Phone Recorder

Cell Phone Recording Device And The Law

You may be wondering if it is legal to record another person on the phone. This question has no doubt come to you just in time, as lately you have been thinking about buying a cell phone recording device. Such a device can allow you to record conversations for business and personal conversations. After recording you have the ability to transfer the recording to your PC hard drive as a media file. You can retrieve this information for any number of purposes, as evidence or for your own curiosity. Now the question becomes, is using a cell phone recording device legal?

In many U.S. states, tape recorded conversations are only legal if both participating parties consent to the recording. However, there are some states in which a single consenting party can make the recorded conversation legal; thus entrapment of the unknowing party may be permitted. There is also another provision for business conversations. This law states that monitoring and recording calls, such as with a cell phone recording device, is legal for business owners to monitor employee conversations as well as recorded conversations with customers or potential customers, as long as a notice of recording (implying consent) is given. However, it is not legal to record a call to which you are not a party, or don’t have permission to record.

A cell phone recording device may be inexpensive but violating state law is certainly not. An individual or a company can get fines thousands of dollars in penalties and serve hard time for breaking the law on telephone interception. For civil cases, criminal charges may not be pressed, but the guilty may have to pay back punitive damages. So make sure that your state allows telephone conversation recording, whether it is based on a one-party consent or two-party consent system.

Another question is whether or not a recording made on a cell phone recording device can be used in court or for some other formal action. This really depends on whether or not the recordings were legally authorized. Surreptitious recordings, meaning that the person recording did not follow the state law on two-party consent, are not admissible as evidence because they would be illegally obtained pieces of evidence. Even if you use legal recordings as evidence, there is no guarantee that the evidence will be allowed into trial if it is challenged.

Of course, many individuals use cell phone recordings for their own curiosity, or to keep tabs on family members. Some families have used such a device as a deterrent that prevents children from making expensive calls, or as a tool of surveillance. Others have used a cell phone recording device as evidence of harassment. Just remember that a cell phone recording device is a powerful piece of equipment. Use it responsibly and always follow state and federal law.

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About the Author

Dan Robison is the founder of RecorderGear; a website that specializes in selling digital voice recorders, dictation devices, transcription equipment and phone call recorders. Visit our website at http://www.recordergear.com to view and purchase products. For more information, product advice, and product reviews from the experts visit our blog at http://www.recordergear.wordpress.com

Phone Recorder W/Cid $107.99 P3 P5090 LCD TELEPHONE RECORDER WITH CALLER ID

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