Telephone Recording and Massachusetts

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Doing a quick search of Massachusetts Law I found that it is a two party state, my understanding of this definition is that in a two party state, all parties must have knowledge and give consent.
Does anyone know this to be correct?
Is this true no matter where the call originates?
What if consent is not given/asked?
What other than not speaking, or ending the connection does a person have the right to do when a conversation is being taped without consent?

I have recently had a call in which I know it was being recorded, and although I dont know what the person would want with such a recording, I would like to be aware of what the law states and such.

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When you use your pre-recorded message, you've set the stage for the caller to make a recording. Did you obtain consent prior to the recording?
No, but consent is implied.

I know that you can't record a police officer in Mass when he's questioning or arresting you. This has already gone through the courts.

As far as non-police callers, the legality might have to do with the potentional for splicing of the tape. Drunk

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I now have 349. If I could sit at my computer for 48 straight hours, without interuption, I could possibly pass 1000. Drunk

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<grin>

I just thought that, knowing the situation with quinn, 666 was an appropriate number for this topic.

New Haven - You'll make 1000 before you know it! You've only been here a month!

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666 oh fabulous

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I believe confirmation of knowledge of the conversation being taped must be given and also recorded at he beginning of the conversation. Even when you call for customer service or you get a service call, the other party or recording will say "this is being taped for quality assurance" or some such thing.

The only thing that it's good for is legal action though. Anyone can tape you, it's just not admissable as evidence in court unless the person has knowledge of the taping or a court allowed the taping (FBI, for example).

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On the level of gossip, I understand that under federal law, only one party to the conversation must be aware that the call is being recorded. State laws may be more restrictive, but fed is the minimum.

I had a source for this bit of information in 1992 and it may not apply now.

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Hmmm.. Recorded calls? spooky.. What could be done would depend on several things. Who originated the call, What state is the other person in, etc..

If the other person was in MA then the recording is a criminal offense. A call to the Atty. General's office could land them in prison I suppose.. If it could be proved.

Take a look: http://members.aol.com/interlaw/phon_faq.htm

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I've always wondered this myself.

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Thanks for the site Fishin. It was very informative.

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Never looked at the site but, as far as legalise goes, you can't record any conversation in MA without consent of both partys.
That's the bottom line. Been there on this one. Last I heard it was a Federal law as well.

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Hey..thanks all for stopping in with such insight...prepared now so, the phone probably will not ring..which would be a good ting.
More informed I am as well and thats always nice.

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Telephone Recording and Massachusetts

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