Is Florida a Two-Party Consent State?

Florida residents might not know it, but they are protected by a two-party consent law that guarantees their phone conversations can’t be recorded without their permission. Recording phone calls in Florida without permission is illegal.

That fact might be helpful to know as a growing number of businesses are in the practice of recording their calls to customers, and vice versa.

What Is Two-Party Consent?

The phrase “two-party consent” means that both participants in a private conversation must agree to make a recording of it in order to make the recording legal. The person who wants to record must get the other person’s express permission in order to do so lawfully.

“All parties that partake in a conversation must have given consent for that conversation to be recorded when there is an expectation of privacy,” according to the website RecordingLaw.com. The expectation of privacy component of the law is a key feature.

The two-party consent requirement applies to telephone and in-person conversations in private areas well as public places, so long as there is a reasonable expectation of privacy. In other words, if the conversation is taking place in the corner of a restaurant far enough away from others that it can’t be easily overheard, there is a reasonable expectation the conversation is a private one. If two people meet in a park and talk in an area that is somewhat removed from others, again, there is a reasonable expectation that what is said between them can be kept between them. In both cases, two-party consent is required.

On the other hand, if two people are in the middle of a crowded coffee shop or are standing in line at an amusement park, surrounded by others who would most likely hear that they are talking about, the conversation is considered a public one and there is no reasonable expectation of privacy, under the law. In those instances, two-party consent is not required.

What Other States Have Two-Party Consent Laws?

States have the power to decide for themselves what kind of wiretapping and recording laws are best for their residents, and where they are punishable by law in the criminal courts, civil courts or both.

Of the 50 states, the vast majority only require one-party to consent to a recording as part of their wiretapping laws, under most circumstances. Vermont has no relevant state law on the subject. Florida is among the states governed by wiretapping laws that require two-party consent to record conversations, share recorded conversations, or both, in most circumstances. California, Connecticut, Delaware, Illinois, Maryland, Massachusetts, Michigan, Montana, Nevada, New Hampshire, Oregon,  Pennsylvania and Washington are the others.

Why Are Businesses Recording Phone Calls?

Advances in technology, specifically in communications technology, have made it far easier and more common for businesses – especially those that have regular, direct contact with members of the public – to record telephone conversations. The reasons for doing so vary, according to the digital communications software reviewer GetVoIP.

Businesses with customers service departments, or businesses that provide customer service over the telephone, often record phone calls to monitor their performance and train representatives. Most national customer service providers automatically disclose that the call will be monitored and recorded for those purposes before the live representative even takes the call.

In addition to quality control and training, customer service providers and other businesses often choose to record calls to ensure their employees are working in compliance with federal and state regulations.

Call recording is also considered a useful tool in making sure the business doesn’t miss key information that was shared and possible forgotten after the call was completed, and in helping to settle disputes over what was said during calls.

Can You Sue Someone for Recording You Without Permission in Florida?

In states that require the consent of all parties to record conversations, anyone who has been recorded without their permission might have grounds to purse a civil action against the recorder. In Florida, violations of the state wiretapping law are punishable in criminal and civil court.

Top Class Actions can help to connect those whose conversations have been recorded without their consent to experienced lawyers who can advise them of their rights.

Free Florida Call Recording Claim Evaluation

If you are a Florida resident and had a call recorded without your consent, you may be eligible to take legal action against the person or company that recorded the call.

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This article is not legal advice. It is presented
for informational purposes only.