Legal Question in Civil Rights Law in New York

recording telephone conversations

What law/statute allows me to record telephone conversations in the State of New York?

If I tape record my conversations with my Insurance Company and catch them lying, can I use the tape in Court?

Thanks, Bobby


Asked on 7/14/00, 5:39 pm

1 Answer from Attorneys

David Wright Law Offices of David Wright

Re: recording telephone conversations

I'm not sure it's so much a statute permitting the taping, as it is Penal Law section stating what is illegal. I don't know it off the top of my head, but it basically defines criminal evesdropping as taping a communication without the consent of any of the parties to the communication. Therefore, if you are a party to the conversation, the general rule in NY is you can tape.

Later, if you are in litigation with the party and/or insurance company, the tape would be admissible if it contains admissions of the adverse party. Court will generally require the tape be audible and complete, from the time you dial, till the time you hang up.

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Answered on 9/09/00, 5:35 am


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