Ep. 7 | This is Private Investigator Scott Fulmer and the Fulmer, P.I. Podcast. Let’s talk about how to record a phone conversation. Before I do, however, I want to stress that you should first consider the legal ramifications of doing so. Especially when it comes to one-party consent and two-party consent states. Let me be clear from the start. I am not an attorney. The Fulmer, P.I. Podcast is not meant to be construed as legal advice. With a few exceptions, most states are either one-party consent or two-party consent states.
For example, in one-party consent states you may record a conversation as long as you’re a party to the conversation. In other words, you call Jim and record the conversation. Two-party consent states (also referred to as all-party consent) require that everyone in the conversation consent to the recording. Again, you call Jim and record the conversation. However, this time you ask for Jim’s consent before you record. All U.S. states offer certain exceptions to consent. For example, if you’re a law enforcement officer, a communication service provider, or have a court order, etc.
ONE-PARTY CONSENT AND TWO-PARTY CONSENT STATES
As of the date of this podcast, one-party consent states generally include Alabama, Alaska, Arizona, Arkansas, Georgia, Hawaii, Idaho, Indiana, Iowa, Kansas, Kentucky, Louisiana, Maine, Michigan, Minnesota, Mississippi, Missouri, Nebraska, New Jersey, New York, New Mexico, North Carolina, North Dakota, Ohio, Oklahoma, Rhode Island, South Carolina, South Dakota, Tennessee, Texas, Utah, Virginia, West Virginia, Wisconsin (with some certain stipulations), Wyoming, the District of Columbia and the Federal Government.
Two-party consent states generally include California, Delaware, Florida, Illinois, Maryland, Massachusetts, Montana, New Hampshire, Pennsylvania and Washington.
Other states, such as Colorado, Connecticut, Nevada and Oregon are not easily defined as one-party consent or two-party consent. The states have some state-specific stipulations that affect consent. Vermont does not have a state statute with regards to recording telephone conversations.
HOW TO RECORD PHONE CONVERSATIONS WITHIN THE LAW
When it comes to one-party consent and two-party consent, much of it has to do with specific case law (or the absence of case law.) Before you send me a nastygram, let me stipulate again: the Fulmer, P.I. Podcast is not meant to be construed as legal advice. If you have questions about the recording of telephone conversations in your state, please consult an attorney.
Keep in mind you could also have a scenario where you’re physically in a one-party consent state and you’re calling a two-party consent state. Which law do you follow? As you can see, when it comes to how to record phone conversations, if can be confusing.
HOW TO RECORD PHONE CONVERSATIONS AND THE EQUIPMENT NEEDED
I personally utilize three devices to record phone conversations, a suction cup pickup microphone, the Olympus TP-8 pickup microphone, and a simple digital recorder (all three are pictured above and available on Amazon). The suction cup microphone is for landlines and is affixed to the speaker part of the receiver. It can then record both sides of the conversation. The TP-8 microphone is my go-to mike due to its versatility. It will work with any device including cell phones.