Is Recording Phone Calls in Florida Illegal?

Recording phone calls in Florida is regulated by a two-party consent law that makes it illegal to tap into or record a phone call or live conversation without all parties providing consent. Without obtaining consent, an illegal recorder of such a conversation may face a call recording lawsuit.

What Do Florida Telephone Recording Laws Say?

Similar to California’s two-party recording laws, the Florida law indicates that the people having the conversation must have a reasonable expectation that they are speaking in private in order for the recording to be prohibited. For example, if you’re having a conversation on a restaurant patio in Palm Beach, your conversation is likely to be deemed a public form of communication.

According to Florida Statute Chapter 944.03, all parties involved in a conversation must provide consent to the recording of the conversation made by way of any wire, oral or electronic communication in the state of Florida.

The law also indicates that illegally recording a conversation is a felony in most cases. Exceptions exist for first-time offenders and for anyone who does not record for monetary gain.

What Does Two Party Consent Mean?

The term “two party” refers to a telephone conversation where typically two parties are conversing on one line. Therefore, “two party consent” means that both people on the line must provide their approval in order for a phone call to be recorded. One person on the line cannot legally record the phone call without the other person’s knowledge.

In this day and age, there may be more participants than just two on a phone line. In that event, all parties must provide consent for the call to be legally recorded in Florida.

Violators may have to pay at least $1,000 per unlawful recording to victims of the crime.

Could Telemarketers Be Recording Phone Calls in Florida?

Telemarketers should not record phone calls in Florida unless they provide a warning indicating the call will be recorded and you provide consent. The warning may be in the form of an automated voice stating the call will be recorded or it may be in the form of a beeping noise that is universally accepted as a warning that a recording of some type has begun.

Prior to a business legally making telemarketing calls in Florida, the business must post a security bond of a minimum of $50,000, and the salespeople must be licensed by the Florida Department of Agriculture and Consumer Services, according to the Florida Telemarketing Act. No matter where the business is located, if the telephone solicitations are conducted either from Florida or to a purchaser in Florida, the telemarketer must be licensed and pay the security in the form of a surety bond, certificate of deposit or letter of credit.

The Telephonic Sales Law in Florida ensures the Florida Department of Agriculture and Consumer Services maintains a list of phone numbers provided by consumers who don’t want to receive phone solicitations. The Telephone Sales Law also requires telemarketers make certain disclosures during calls and it bans the use of automated solicitation devices with a recorded message.

In one lawsuit regarding the recording phone calls in Florida, Royal Health Care Services Inc. sued Jefferson-Pilot Life Insurance Company after Jefferson-Pilot in North Carolina allegedly recorded a Royal Health employee in Florida in 1987. According to court documents, the Royal Health employee was not told he was being recorded and never provided consent to such a recording, but a periodic beep was emitted by Jefferson-Pilot’s phone system throughout the call.

Royal Health sued Jefferson-Pilot for “unauthorized interception of an oral communication under section 934.10” of the Florida Security of Communications Act. Important to note is that this particular case involved phone conversations between one business and another business, and did not involve private party consumers.

In that case, it was determined the recording was made as part of Jefferson-Pilot’s standard business policy, and the call was intercepted in the ordinary course of business, which has been referred to as the business extension exception. The court determined that phones used through the ordinary course of business to record conversations are not in violation of Florida law. The case was Royal Health Care Services Inc. v. Jefferson-Pilot Life Insurance Co., Case No. 90-5204, 90-5514, in the U.S. Court of Appeals, Eleventh Circuit.

Can You File a Call Recording Class Action Lawsuit?

If you are a Florida resident who had a phone call recorded without you providing consent, you might be able to take legal steps in the form of a class action lawsuit against the person or company that made the recording. A number of companies are currently under investigation for possibly making illegal recordings of conversations, including Bass Pro Shops, Capital One Financial Corporation and Medicredit, Inc.

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.