Legal Question in Consumer Law in Pennsylvania

You do not tell me which person was doing the recording and where they were located. I also assume that at least one party to the conversation consented to the recording.

New York is a one party state which means that at least one party to the conversation must consent. The NY wiretap laws are codified at Article 250 of the NY Penal Law.

� 250.00 Eavesdropping; definitions of terms - The following definitions are applicable to this article:

1. "Wiretapping" means the intentional overhearing or recording of a

telephonic or telegraphic communication by a person other than a sender

or receiver thereof, without the consent of either the sender or

receiver, by means of any instrument, device or equipment. The normal

operation of a telephone or telegraph corporation and the normal use of

the services and facilities furnished by such corporation pursuant to

its tariffs or necessary to protect the rights or property of said

corporation shall not be deemed "wiretapping."

� 250.05 Eavesdropping.

A person is guilty of eavesdropping when he unlawfully engages in

wiretapping, mechanical overhearing of a conversation, or intercepting

or accessing of an electronic communication.

Eavesdropping is a class E felony.

Pennsylvania is a two-party state in that both the consent of the sender and the receiver is required. 18 Pa.C.S.A. � 5704 - Exceptions to prohibition of interception and disclosure of communications:

(4) A person, to intercept a wire, electronic or oral communication, where all parties to the communication have given prior consent to such interception.

18 Pa.C.S.A. � 5703 - Interception, disclosure or use of wire, electronic or oral communications:

Except as otherwise provided in this chapter, a person is guilty of a felony of the third degree if he:

(1) intentionally intercepts, endeavors to intercept, or procures any other person to intercept or endeavor to intercept any wire, electronic or oral communication;

(2) intentionally discloses or endeavors to disclose to any other person the contents of any wire, electronic or oral communication, or evidence derived therefrom, knowing or having reason to know that the information was obtained through the interception of a wire, electronic or oral communication; or

(3) intentionally uses or endeavors to use the contents of any wire, electronic or oral communication, or evidence derived therefrom, knowing or having reason to know, that the information was obtained through the interception of a wire, electronic or oral communication.

Since PA is a two party state and both must consent, recording the conversation is illegal.