Can the other party record a phone call without my consent?
I live in California and an agency resides in Kansas. I understand that in California it is illegal to record a telephone conversation without the acknowledgment of all parties. However, in Kansas law its OK to record the conversation as long as one party acknowledges it (i.e. the calling agency). So which law is dominant in this situation? At the end of my conversation the agent said he will review my phone call through a recording, a recording which I never knew about and I was never given notice about.
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Filed under: Call Recording
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The Kansas law is that only one party needs to be informed and in your case it would be the agency that recorded the call.
The state’s highest court has interpreted the eavesdropping and privacy statutes to allow one-party consent for taping of conversations and in interpreting both statutes has held that as long as one party consents to the conversation, the other party loses his right to challenge the eavesdropping in court. Kansas v. Roudybush, 686 P.2d 100 (Kan. 1984).
P.S. You are correct about California law on the issue. All parties must be informed.