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Recording Business Conversations in New York: Can You or Can’t You?

Ross Pitcoff Law

Are you considering recording a business conversation in New York? It’s important to understand the state’s laws and regulations before doing so. New York is an “all-party consent” state, meaning that in order to legally record a conversation, all parties involved must consent to being recorded. There are some exceptions, however, including instances where one party has a reasonable expectation of privacy. Below is a look at everything you need to know about recording business conversations in New York:

What Is All-Party Consent? All-party consent is a requirement in 12 states and the District of Columbia that stipulates that all parties involved in a conversation must give their consent before it can be legally recorded. This means that even if one of the parties is unaware that the conversation is being recorded, it is still considered illegal. In other words, all parties must be aware that the conversation is being recorded and must give their consent before it can be done legally.

Exceptions to All-Party Consent: There are some exceptions to all party consent in New York. For example, one party may have a reasonable expectation of privacy, such as in a doctor’s office or therapist’s office. In these cases, the other party may legally record the conversation without the knowledge of the other party. Additionally, one-party consent is allowed if the recording is done for the purpose of collecting evidence to be used in a court of law.

Consequences of Illegal Recording: If you are caught recording a conversation in New York without the consent of all parties involved, you may face criminal penalties. Depending on the circumstances, you could face charges of: eavesdropping or unlawful surveillance, both of which are felonies.

Recording a business conversation in New York can be a tricky process. It’s important to understand the state’s laws and regulations before doing so. Make sure that all parties involved in the conversation are aware that it is being recorded and have given their consent. If you are unsure about the legality of recording a conversation, consult with a legal professional before proceeding.

If you are interested in learning more and would like to speak with an experienced lawyer more in depth on the subject, call Ross Pitcoff Law today at: (646) 386-0990 or email: ross@rosspitcofflaw.com. We would be happy to assist you!


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