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It’s legal under federal law as well: “ As long as the person hitting “record” is aware and part of the conversation, recording conversations is legal under Federal law. ... It is illegal to intercept or record a conversation without at least one of the parties being aware.Sep 15, 2020

www.cflblaw.com › 2020/09 “

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If the recording of a conversation is legal if only one party is aware of the recording, it means it's ok to make the recording. Does it also mean the recording can be presented as evidence against the unaware party in a legal proceeding?

I think there is a difference.

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The other participants on the call were witnesses and can be called to testify.

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I think it is legal and can be used as evidence. I have never agreed with this law, but I am glad for it today!

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I wonder what the chances are that Trump also recorded the call?

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Isn’t that automatic?

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I can’t answer to that. Needs to be researched.

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From what a lawyer told me, it does hold up in court. Thank goodness, I didn’t end up needing it, but was happy to be able to get evidence.

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Thanks for doing the research.

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Federal law permits recording telephone calls and in-person conversations with the consent of at least one of the parties. See 18 U.S.C. 2511(2)(d). ... Under a one-party consent law, you can record a phone call or conversation so long as you are a party to the conversation.

From 2011 so I don't know if it still applies:

In 12 states—California, Connecticut, Florida, Illinois, Maryland, Massachusetts, Michigan, Montana, Nevada, New Hampshire, Pennsylvania, and Washington—all parties involved need to consent before one of them can record the conversation.

There are some exceptions to the two-party consent rules.

Georgia

It is illegal under Georgia’s wiretapping and eavesdropping statutes to record an oral or telephone conversation without the consent of at least one party. Violations are felonies and can subject the offender to fines and/or imprisonment.

From Justia.com

link: https://www.justia.com/50-state-surveys/recording-phone-calls-and-conversations/

GA Code § 16-11-62, § 16-11-66 (definitions), § 16-11-69 (penalty)

t is illegal under Georgia’s wiretapping and eavesdropping statutes to record an oral or telephone conversation without the consent of at least one party. Violations are felonies and can subject the offender to fines and/or imprisonment.

Washington

Washington law requires the consent of all parties to legally record in-person or telephone conversations. Consent is considered obtained via a reasonably clear announcement made to all parties during the recording. Violations are considered a gross misdemeanor and can also lead to civil damages.

WA Rev Code § 9.73.030 (definition), § 9.73.080 (penalty), § 9.73.060 (civil damages)

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