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I have a basic legal question regarding recording phone calls
Posted on 11/11/19 at 9:38 am
Posted on 11/11/19 at 9:38 am
In Louisiana, is the following situation legal?:
Person A calls person B, on speakerphone. Person C video records the phone call unbeknownst to person B. Person A & C then publicly post the phone call on Facebook for the world to see...
Is this legal? This is in regards to a possibly racial situation regarding a high school football game between Belle Chasse and Landry Walker
Person A calls person B, on speakerphone. Person C video records the phone call unbeknownst to person B. Person A & C then publicly post the phone call on Facebook for the world to see...
Is this legal? This is in regards to a possibly racial situation regarding a high school football game between Belle Chasse and Landry Walker
8
Posted on 11/11/19 at 9:40 am to Mr. Hangover
I believe in LA as long as one person is aware it is legal.
Posted on 11/11/19 at 9:45 am to Janky
If the person who was on the receiving end of the call doesn’t know it’s being recorded, is that legal?
Posted on 11/11/19 at 9:46 am to Mr. Hangover
I believe so. I think we are a one party consent state that allows it. I am not a lawyer though.
This post was edited on 11/11/19 at 9:50 am
Posted on 11/11/19 at 9:51 am to Janky
Louisiana is a one party consent state. In other words, either PARTY to the call can legally record the call. Things get complicated when either party is located in another state.
Federal law is also implicated. Generally speaking, It is illegal to record anyone's conversation if you are not a party to the conversation.
This seems to have good info: LINK
Federal law is also implicated. Generally speaking, It is illegal to record anyone's conversation if you are not a party to the conversation.
This seems to have good info: LINK
Posted on 11/11/19 at 9:53 am to Mr. Hangover
Yes, it's legal in Louisiana.
Posted on 11/11/19 at 9:53 am to Mr. Hangover
All I know about is GA; we’re a one party consent state.
Posted on 11/11/19 at 9:54 am to lalouisiane
Thanks for the replies
Posted on 11/11/19 at 9:57 am to Mr. Hangover
quote:
then publicly post the phone call on Facebook for the world to see...
quote:
This is in regards to a possibly racial situation regarding a high school football game between Belle Chasse and Landry Walker
Provide us a link when you post the video/call
Posted on 11/11/19 at 10:07 am to Mr. Hangover
quote:
If the person who was on the receiving end of the call doesn’t know it’s being recorded, is that legal?
If memory serves, as long as one person involved in the phone call is aware it's being recorded, then it is admissible in court. So as long as A knew C was recording it, it's admissible and B's not knowing is irrelevant.
Now if C recorded it, wasn't involved with the call at all and neither A nor B knew about it at the time then I do not think it's admissible.
Posted on 11/11/19 at 10:23 am to Mr. Hangover
Louisiana
quote:
Under Louisiana’s Electronic Surveillance Act, it is illegal to intercept or record oral, wire or electronic conversations unless at least one party has consented. Violators may be subject to fines, imprisonment, and/or civil damages.
LA Rev Stat § 15:1303 (definition & penalties), § 15:1312 (civil damages)
Posted on 11/11/19 at 10:28 am to Mr. Hangover
Louisiana is a "one party" state, but posting the call to social media could be a different story.
Posted on 11/11/19 at 10:30 am to Janky
quote:
I believe in LA as long as one person is aware it is legal.
which is fricking retarded
Posted on 11/11/19 at 10:46 am to udtiger
quote:
which is fricking retarded
why?
Posted on 11/11/19 at 10:51 am to lalouisiane
quote:
It is illegal to record anyone's conversation if you are not a party to the conversation.
This was my understanding as well, not a lawyer.
Had either A or B recorded it without the other knowing, then it is legal. But the 3rd party not being a part of the call brings a different law into discussion.
Posted on 11/11/19 at 10:53 am to moneyg
quote:
quote:which is fricking retarded why?
Because the person recording it OBVIOUSLY knows it's being recorded.
The law should be that the person(s) NOT recording the conversation have to know it is being recorded.
Posted on 11/11/19 at 11:02 am to Mr. Hangover
Someone already posted the Louisiana Statute of a it being one party consent state.. ...but it may get complicated in this case.. ..because once recorded, it then was made public.
I don't have time to look for it but I believe Louisiana may enforce common law "invasion of Privacy" claims of making public disclosure of private facts or the making public of private life matters...which depending on subject matter of the conversation, I'd guess could easily be interpreted as a making a recorded phone call public.
I don't have time to look for it but I believe Louisiana may enforce common law "invasion of Privacy" claims of making public disclosure of private facts or the making public of private life matters...which depending on subject matter of the conversation, I'd guess could easily be interpreted as a making a recorded phone call public.
Posted on 11/11/19 at 11:07 am to MiDixon Yermouth
-"Invasion of privacy is a tort based in common law allowing an aggrieved party to bring a lawsuit against an individual who unlawfully intrudes into his/her private affairs, discloses his/her private information, publicizes him/her in a false light, or appropriates his/her name for personal gain."
This post was edited on 11/11/19 at 11:08 am
Posted on 11/11/19 at 11:14 am to Mr. Hangover
What did you say, baw?
Posted on 11/11/19 at 11:28 am to Jake88
quote:
What did you say, baw?
lol... if you meant me, I was just saying that even though in Louisiana it is legal to record a phone call if the other person doesn't know it, it may not be legal to make it public and post online like this fellow did.
If the recorded conversation included matters like someones social security number, information about children or a child custody case, information that could damage or endanger someones life, a bankruptcy filing, etc., then posting it online could possibly become an illegal intrusion into someone's life or an illegal invasion of privacy matter.
This post was edited on 11/11/19 at 11:35 am
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