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TN phone recording

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kcs00

Member
What is the name of your state?TN
Does anyone know the laws on recording phone conversations in Tn? or a website?
Thanks
 


E

eyegots1

Guest
Tenn. Code Ann. § 39-13-601: A person who is a party to a wire, oral or electronic communication, or who has obtained the consent of at least one party, can lawfully record a communication and divulge the contents of the recorded communication unless he has a criminal or tortious purpose for doing so. Violations are punishable as felonies with jail sentences of between two and 12 years and fines not exceeding $5,000. Tenn. Code Ann. §§ 39-13-602, 40-35-111.

Under the statute, consent is not required for the taping of a non-electronic communication uttered by a person who does not have a reasonable expectation of privacy in that communication. See definition of "oral communication," Tenn. Code Ann. § 40-6-303.

Anyone whose communications have been unlawfully intercepted can sue to recover the greater of actual damages, $100 per day of violation or $10,000, along with punitive damages, attorney fees and litigation costs. Tenn. Code Ann. § 39-13-603.

Recording or disseminating a communication carried out through a cellular or cordless telephone, or disseminating the contents with knowledge of their illegal origin, without the consent of at least one party, can be punished as a felony with a potential prison sentence of between one and six years and a fine not to exceed $3,000. Tenn. Code Ann. §§ 39-13-604, 40-35-111.

It is a misdemeanor to photograph, film or observe a person without consent where there is a reasonable expectation of privacy, when the photographing, filming or viewing "would offend or embarrass an ordinary person" and is done for sexual purposes. Tenn. Code Ann. §§ 39-13-605, 39-13-607. Dissemination of a photograph or videotape taken in violation of these provisions is a felony. Tenn. Code Ann. § 39-13-605(2).

Which means, TN is a one party state. As long as you are a party to the phone call then you can record it.

http://www.rcfp.org/taping/
 

BelizeBreeze

Senior Member
There is only one problem with that eygots. We have absolutely no information regarding this poster's exact situation so the statute may not apply.

So poster, come back with the specific situation you are concerned about before I agree .
 
B

blackberry1411

Guest
What about Georgia?

I live in georgia and my husbands ex-wife left several messages on the answering machine so I kept them for court. Since she knew she was recording the message, is it legal in Georgia to use in court?
 

BelizeBreeze

Senior Member
blackberry1411 said:
I live in georgia and my husbands ex-wife left several messages on the answering machine so I kept them for court. Since she knew she was recording the message, is it legal in Georgia to use in court?
Start your own thread and you will get an answer. Hijacking another thread for your own issue confuses the original poster and all those who wish to answer.
 

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