Replies to post #123841 on Spongetech Delivery Systems Inc (fka SPNGQ)

[albus]

I am a lawyer. Federal law preempts state law - just word of caution, not breaking your balls - have fun

The FCC protects the privacy of telephone conversations by requiring notification before a recording device is used to record interstate or foreign telephone conversations. These types of conversations may not be recorded unless the use of a recording device is:

Preceded by verbal or written consent of all parties to the telephone conversation; or
Preceded by verbal notification which is recorded at the beginning, and as part of the call, by the recording party; or
Accompanied by an automatic tone warning device, sometimes called a beep tone, which 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.
Also, no recording device may be used unless it can be physically connected to and disconnected from the telephone line or switched on and off.

[OldTymer]

ThePennyTrader, you're only covered if you are calling within the state or from a state that also has the one permission law, i.e., if you live in New York and you are calling someone in New York, you are fine. However, if you are calling from say, New Hampshire to New York, you are not covered because in New Hampshire you have to obtain the other parties permission. Because you originated the call from another state which does not have the one party permission rule, you have to get permission. I'm trying to watch your back. lol.

By the way, your brother is correct:

"New York N.Y. Penal Law §250.00(1) It is lawful to record a telephone conversation if one is a party to the conversation or has received the consent of a party to the communication. Accord People v. Lasher, 447 N.E.2d. 70, 71 (N.Y. 1983)."