fbpx
one star bad review
Can You Be Sued For Your Negative Online Reviews?
April 2, 2019
attorney jeremy hogan behind the scenes personal injury trial
Behind the Scenes of a Personal Injury Trial
April 8, 2019
Show all
hands holding a smartphone and recording

There is someone you hate, despise and you want to get them.  First off let me tell you, stop, let it go.  Second, if you can’t let it go, continue reading to find out how you can record their evil words and use it against them.

Is it Legal to Record a Phone Call in My State?

So, you have the phone recording app open on your phone and are ready to get your enemy saying incriminating things.  The good news is that if you are in most states, you can LEGALLY record phone calls and use the recording against your enemy, even in a court of law.

The listed states are those in which you CANNOT record a phone call without the other person’s permission:

  • California
  • Delaware
  • Florida
  • Illinois
  • Maryland
  • Massachusetts
  • Montana
  • Nevada
  • New Hampshire
  • Pennsylvania
  • Washington

In some states, including Florida and California – you must have the other person’s consent to record conversations.  If you don’t have permission, then not only can you not use the recording in Court, but the act of recording is actually illegal.

But we are not giving up.  I have three ideas for you to achieve your revenge.

How To Legally Record In All 50 States

First, tell the person you are recording them right away “I am recording this phone call”.  This is your enemy, your enemy is stupid, he or she might just stay on the phone with you – implicitly agreeing to the recording – and say incriminating things.

Second, meet the person in a very public place and record them in-person.  The consent laws do not apply to locations where there is no expectation of privacy.  Do you really expect to not have someone overhear your conversation in a crowded restaurant?  In that situation, the recording will be admissible in court if needed.

And finally, *I am going to give you my secret-move here.*  Don’t record the phone call but put the call on speakerphone and bring in a third-party witness to listen to the conversation.  You have no legal obligation to tell another person they are on speaker phone.  When your enemy tries to deny saying evil nasty things – it will be your word AND your witnesses word against your Enemy’s word.  2 v.1

And there you have it, how to record your enemy in all 50 states.  Now that you know, let it go, life is too short.

Jeremy Hogan
Jeremy Hogan
Attorney Jeremy Hogan is a partner at Hogan & Hogan.