Quote:
Originally Posted by v8huntr
can you record in all states? there are some rules to record conversation right. some states only allow incoming? just asking.
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Florida is one of twelve "two party" states.
Statutes & Constitution :View Statutes : Online Sunshine
But:
Royal Health Care Servs., Inc. v. Jefferson-Pilot Life Ins. Co., 924 F.2d 215 (11th Cir. 1991) carved out an exception. The Court held that because only interceptions made through an "electronic, mechanical or other device" are illegal under Florida law, telephones used in the ordinary course of business to record conversations do not violate the law. The court found that business telephones are not the type of devices addressed in the law and, thus, that a life insurance company did not violate the law when it routinely recorded business-related calls on its business extensions.
Although SC is "one-party" state, it is considered unethical by the South Carolina Supreme Court for a lawyer to advise a client to record a conversation without the other party's consent. This comes up in family court all the time. There is a real question whether a lawyer can even advise a client that it is not against the law, but it is clear that a lawyer cannot instruct a client to record. Of course this makes no sense but I err on the side of caution.
That's the lesson for today boys and girls. Now back to mindless shit slinging.