Checklist Illegal Uslegal Without Consent
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Basic Law: California has some of the strongest laws in the country on wiretapping. Put simply, absent consent of all parties, they are not only not admissible into evidence, but a crime to obtain and allow the ?injured party? to sue. Admittedly, damages are hard to prove in these cases.
Eleven (11) states require the consent of everybody involved in a conversation or phone call before the conversation can be recorded. Those states are: California, Delaware, Florida, Illinois, Maryland, Massachusetts, Montana, Nevada, New Hampshire, Pennsylvania and Washington.
Unlike New York and New Jersey, California is a ?two-party consent? state. This makes it illegal to record a private conversation unless all parties consent to the recording. A violation of the two-party consent provisions of the California Penal Code is a criminal misdemeanor and may also give rise to a civil lawsuit.
You have "implied consent" to send marketing emails to a person if you share an active business relationship with them. For example, if the person has bought something from you within the last two years or has expressed an interest in your products in the past six months.
Only a few states, such as California, Delaware, Florida, Maryland, Massachusetts, Montana, Nevada, New Hampshire, Pennsylvania, and Washington, have not adopted such laws, making it illegal to record a conversation without the consent of all parties involved in those states.