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Does two-party consent overrule one-party when making cross-state calls?

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Doppel

Doppel

Lifer
Most states have one-party consent laws: I can record our phone call even without telling you about it. Some states have two-party. I can't easily find on google the response to my question: if I record a call with you and you are in a two-party consent state my presumption is I am breaking your state law even though I am in a one-party consent state.

Anybody know for sure? And yes this is for phone sex before anybody asks. It isn't really, though.
 
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Probably depends on the jurisdiction of the lawsuit/criminal trial. For instance, if it's held in the one-party state, then I'd suspect one-party rules apply. If it's held in the two-party state, then two-party rules would apply.

I'd ask a lawyer, though.
 
Doppel said:
Most states have one-party consent laws: I can record our phone call even without telling you about it. Some states have two-party. I can't easily find on google the response to my question: if I record a call with you and you are in a two-party consent state my presumption is I am breaking your state law even though I am in a one-party consent state.

Anybody know for sure? And yes this is for phone sex before anybody asks. It isn't really, though.
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I looked into this a while ago when dealing with a collection company that couldn't take a hint. The IANAL/IANYL consensus was that if either party is in a two party state you must get consent. If you are recording the conversation with plans on using the recording in any material way then getting consent is the only safe way to be able to use such information. Without consent you can guarantee it will be brought up.

Case law has gone both ways on the issue so erring on the side of caution is the best move.
 
I looked this up too because Colorado is a one party consent state and I wanted to record someone in a two party consent state. I could have sworn that you didn't need permission.
 
CountZero said:
I looked into this a while ago when dealing with a collection company that couldn't take a hint. The IANAL/IANYL consensus was that if either party is in a two party state you must get consent. If you are recording the conversation with plans on using the recording in any material way then getting consent is the only safe way to be able to use such information. Without consent you can guarantee it will be brought up.

Case law has gone both ways on the issue so erring on the side of caution is the best move.
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But, if they tell you they may be recording the call, you can also do so without consent.
 
Interstate phone calls In light of the differing state laws governing electronic recording of conversations between private parties, journalists are advised to err on the side of caution when recording or disclosing an interstate telephone call. The safest strategy is to assume that the stricter state law will apply.

For example, a reporter located in the District of Columbia who records a telephone conversation without the consent of a party located in Maryland would not violate District of Columbia law, but could be liable under Maryland law. A court located in the District of Columbia may apply Maryland law, depending on its “conflict of laws” rules. Therefore, an aggrieved party may choose to file suit in either jurisdiction, depending on which law is more favorable to the party’s claim.
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http://www.vegress.com/index.php/can-i-record-calls-in-my-state
 
arkcom said:
But, if they tell you they may be recording the call, you can also do so without consent.
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It's not that it's without consent, it's that the entity has all ready given its consent by informing you the call may be recorded, therefore giving you permission to record from your own end....but most will dispute that, unsuccessfully.
 
If a caller in a one-party state records a conversation with someone in a two-party state that caller is subject to the stricter of the laws and must have consent from all callers (Cf. Kearney v. Salomon Smith Barney Inc., 39 Cal. 4th 95 (2006)
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--Wikipedia
 
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