Illinois is among the 12 states with a “two party consent” rule. This rule is engraved in the eavesdropping statute which was recently amended for being too broad. The current version now requires that all the parties involved in a private conversation give their consent before they are recorded when there is a reasonable expectation of privacy.

Reasonable expectation of privacy

Reasonable expectation of privacy implies that the involved parties had anticipated that their conversation would remain private. Under this therefore, it becomes a crime to record an employee complaining about his supervisor over the phone. This is due to the fact that the employee had some reasonable expectation of privacy and never intended for that conversation to be availed to another party.

However, it would not be a criminal offense to record such a conversation if it was taking part in the streets, since there is no reasonable expectation of privacy while talking loudly in public.

When you can record without consent

Before the statute was amended, it was completely illegal to record anyone without their consent in Illinois. This included recording phone calls and any other form of recording, including video. Under the amended law however, the “two party consent” requirement is only emphasized when there is a reasonable expectation of privacy. For instance, it is not illegal to record a police officer interacting with the public in the course of their duties. Even though you don’t have the consent of either party’s to do the recording, there is no reasonable expectation of privacy in such a circumstance.

How to record phone calls in Illinois

The law in Illinois is not explicit on the kind of recording gadgets to use for recording calls hence it is entirely up to you to choose. One of the easiest ways to do so is to use Secure Speak. Secure Speak gives up you a number that you can 3-way into any call conversation. Whatever that line hears gets recorded, and the line doesn’t beep or make any noise. The recording will start the moment the call is received and the recording will be emailed to you immediately the conversation is over. Sign up today for a 14 day free trial to try it out.

Secure Speak is not a licensed lawyer and any statements do not constitute legal advice. Contact a lawyer for information pertaining to your specific case, and reference Illinois 720 Ill. Comp. Stat. 5/14-1, -2 statute directly.

Posted 2:34 am by securespeak & filed under Legal.

Texas is one of 38 states with a “one-party consent” rule when it comes to recording calls. That means that you’re allowed to record a call with just the consent of one person (which could be you!). You don’t have to tell the other parties that you’re recording, or play a beep in the background, or anything like that to record a call.

The law is phrased this way – “one-party consent” – to keep people who aren’t part of the conversation from recording the call. Typically that’s used to keep companies from spying on their employees, but it would also apply to situations like untrusting partners spying on their significant others. Just keep in mind that if you give permission to an employer to listen to your calls as part of your contract, that’s considered consent for the duration of your employment.

Texas Penal Code 16.02 states “…it is an affirmative defense to prosecution under Subsection (b) that … intercepts a wire, oral, or electronic communication, if … the person is a party to the communication.”

Texas law doesn’t specify the exact way you can record calls. With Secure Speak, we give you a phone number that you can 3-way into any call. Whatever that number hears gets recorded, and emailed to you when the call is done. We’re currently offering free 14-day trials, so you can try recording calls for free!

Secure Speak is not a licensed lawyer and any statements do not constitute legal advice. Contact a lawyer for information pertaining to your specific case, and reference Texas Penal Code 16.02 directly.

Posted 12:26 am by securespeak & filed under Legal.

Georgia is considered a “one-party consent” state. Meaning that if you’re a party to the call, you can record without telling the other parties. That is – as long as you give yourself consent to record the call 😛

There is no need to announce that you’re recording, or play a beep in the background of the call.

The law is worded as “one-party consent” to keep parties that aren’t part of the call (effectively, evves droppers) from recording. This could include bosses recording employees calls that the boss isn’t part of, or disgruntled partners picking up the other phone and recording what is said.

Georgia Code 16-11-62 & 16-11-66 says “Nothing in Code Section 16-11-62 shall prohibit a person from intercepting a wire, oral, or electronic communication where such person is a party to the communication or one of the parties to the communication has given prior consent to such interception.”

Georgia code doesn’t specifically say what devices you are allowed to use to record calls. With Secure Speak, it’s super simple to record calls. We assign you a phone number that you can 3-way into any call. Whatever that number hears gets recorded and emailed to you when the call is complete. That means that you can record incoming & outgoing calls, or even calls in progress. We’re currently running a free trial too so you can try it out yourself.

Secure Speak is not a licensed lawyer and any statements do not constitute legal advice. Contact a lawyer for information pertaining to your specific case, and reference the Georgia statutes directly.

Posted 10:36 pm by securespeak & filed under Legal.

When it comes to recording calls, Florida is considered an all-party consent state. This means that you can record calls in Florida – you just need to have the consent of all parties.

What is considered consent?

Statute has determined that simply stating “this conversation may be recorded” is an acceptable form of consent, as the parties are able to hang up if they do not agree. You don’t actually need each party to verbally affirm that they are okay with the call being recorded.

Is playing a regular beep sound in the background enough notice of recording?

Florida statute doesn’t say that playing a tone at a regular interval in the background is an acceptable form of recording notification, and it’d likely go to court if disputed. To cover all bases, you’re better off verbally announcing at the beginning of the call that it’s being recorded.

Penalties for illegally recording calls in Florida

Recording calls without the consent of all parties will be prosecuted as a criminal charge, and you may also be subject to a civil lawsuit for damages by an injured party. See Florida Statute Chapter 934.03 for full information.

How can I record calls?

Florida law doesn’t specifically say what type of equipment you can use to record a call, so it’s up to you. Secure Speak is one of the easiest ways to record calls. We give you a phone number that you can 3-way into any call. Whatever that number hears gets recorded. When you hang up, that recording gets emailed to you. We’ve got a free trial too, so sign up and give it a shot.

Secure Speak is not a licensed lawyer and any statements do not constitute legal advice. Contact a lawyer for information pertaining to your specific case, and reference the Florida Statute Chapter 934.03 directly.

Posted 9:44 pm by securespeak & filed under Legal.