# Recording telephone calls

**URL:** https://boards.straightdope.com/t/recording-telephone-calls/522072
**Category:** Factual Questions
**Created:** [December 21, 2009, 3:18pm UTC](https://boards.straightdope.com/t/recording-telephone-calls/522072 "2009-12-21T15:18:02Z")
**Posts on this page:** 6
**Page:** 1

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### Author: ![pkbites](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/pkbites/32/204_2.png) [@pkbites](https://boards.straightdope.com/u/pkbites)
#### Post date: [December 21, 2009, 3:18pm UTC](https://boards.straightdope.com/t/recording-telephone-calls/522072/1 "2009-12-21T15:18:02Z")

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If one records a telephone call that is interstate, one must advise that they are doing this.

What if I call a business and before they take my call I get a recorded notice “this call may be monitored or recorded”. Does that message also serve as notice for them, or if I wish to also record the conversation do I have to also warn them I’m recording?

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### Author: ![pan1](https://avatars.discourse-cdn.com/v4/letter/p/e495f1/32.png) [@pan1](https://boards.straightdope.com/u/pan1)
#### Post date: [December 21, 2009, 3:38pm UTC](https://boards.straightdope.com/t/recording-telephone-calls/522072/2 "2009-12-21T15:38:57Z")

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Federal law requires one party of the phone call be aware its being recorded: that’s you. You’re aware, so no need to tell anyone.

Some state laws do require both parties to be notified if one party is making a recording. In some of those cases, you have to tell them you’re recording too, in other’s, since it’s known that the call is being recorded, it doesn’t matter that its being recorded twice. - Check the language of the local state laws that apply and consult a lawyer if you plan to actually do this.

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### Author: ![IAmNotSpartacus](https://avatars.discourse-cdn.com/v4/letter/i/cc9497/32.png) [@IAmNotSpartacus](https://boards.straightdope.com/u/IAmNotSpartacus)
#### Post date: [December 21, 2009, 4:39pm UTC](https://boards.straightdope.com/t/recording-telephone-calls/522072/3 "2009-12-21T16:39:48Z")

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> [@pkbites](#):
>
> If one records a telephone call that is interstate, one must advise that they are doing this.

Unless you are in a two party state, in which case you’d technically be breaking CA wiretap laws, and any information you glean from the call won’t be admissible as evidence in a court. I believe that’s the case, anyway, as I am not a lawyer.

> [@](#):
>
> What if I call a business and before they take my call I get a recorded notice “this call may be monitored or recorded”. Does that message also serve as notice for them, or if I wish to also record the conversation do I have to also warn them I’m recording?

This earlier thread may be of interest to you: [http://boards.straightdope.com/sdmb/showthread.php?t=448984&highlight=telephone+recording](http://boards.straightdope.com/sdmb/showthread.php?t=448984&highlight=telephone+recording)

ETA: FWIW, If you tell AT&T you are recording the call (in spite of THEM recording the call) they will tell you they will not help you and you are not allowed to record the call. And if you want to transact business with them, without the call being recorded, they will have a “manager” (read: escalation queue rep) call you back within 24 hours to transact the call without AT&T recording it.

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### Author: ![Markxxx](https://avatars.discourse-cdn.com/v4/letter/m/5daacb/32.png) [@Markxxx](https://boards.straightdope.com/u/Markxxx)
#### Post date: [December 21, 2009, 6:18pm UTC](https://boards.straightdope.com/t/recording-telephone-calls/522072/4 "2009-12-21T18:18:36Z")

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Just as an FYI, some states don’t require an explicit warning. Some will allow a warning “BEEP” that has to be present during the entire conversation.

For instance in Illinois:

> [@](#):
>
> accompanied by an automatic tone warning device, sometimes called a “beep tone,” that automatically produces a distinct signal that is repeated at regular intervals during the course of the telephone conversation when the recording device is in use

So if you heard this but didn’t know what it was you could be legally recorded and not aware

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### Author: ![IAmNotSpartacus](https://avatars.discourse-cdn.com/v4/letter/i/cc9497/32.png) [@IAmNotSpartacus](https://boards.straightdope.com/u/IAmNotSpartacus)
#### Post date: [December 21, 2009, 7:13pm UTC](https://boards.straightdope.com/t/recording-telephone-calls/522072/5 "2009-12-21T19:13:16Z")

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> [@Markxxx](#):
>
> Just as an FYI, some states don’t require an explicit warning. Some will allow a warning “BEEP” that has to be present during the entire conversation.

That’s pretty explicit IMHO.

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### Author: ![Chimera](https://avatars.discourse-cdn.com/v4/letter/c/8e8cbc/32.png) [@Chimera](https://boards.straightdope.com/u/Chimera)
#### Post date: [December 21, 2009, 10:27pm UTC](https://boards.straightdope.com/t/recording-telephone-calls/522072/6 "2009-12-21T22:27:58Z")

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[http://www.callcorder.com/phone-recording-law-america.htm](http://www.callcorder.com/phone-recording-law-america.htm)
