Interstate Call Recording
<p><strong>Can I record a call from Virginia to Maryland?</strong></p>

<p>I live in Virginia (one party communication state).  My phone has a Virginia number, and it can record calls (made while being physically located in Virginia).  Federal law regarding communication follows the one party communication law.  Maryland has a two party communication law.  I've read that the law will default to the state where the recording device is physically located.  Does this mean that it is okay for me to record my calls to Maryland since it conforms with Virginia, Federal, and default laws?</p>

<p>The answer is, "No, it will not default to the state where the recording device is located." Whether your recording is legal or not may depend on where the device is located, but it may depend on other things as well. For example, <a href="http://www.nylslawreview.com/wp-content/uploads/sites/16/2013/11/54-1.Bast_.pdf" rel="nofollow noreferrer">to sue</a> under Florida law, "the persons bringing suit must be Florida residents or the improper "interception" must have occurred in Florida." Thus, if the someone from NY is recorded while in Florida by someone in NJ, Florida law does not apply. </p>

<p>The rules used to determine which state's laws apply under which circumstances are explained thoroughly <a href="http://www.nylslawreview.com/wp-content/uploads/sites/16/2013/11/54-1.Bast_.pdf" rel="nofollow noreferrer">here</a>. </p>

<p>The issue of which state's laws apply is what is known as "conflict of laws." The basic idea is simple: Because you and the insurance company are citizens of different states, you have "diversity of citizenship." If the laws in your states differ, the court must decide whose law applies -- is it the state you called from, the state you called to, or federal law? </p>

<p>Unfortunately for you, choice of law is hard even for lawyers to get a handle on. There are several different approaches states use to answer questions about conflict of law. Which approach a state uses to settle conflicts of law will determine whose law that state's courts will apply. </p>

<p>To get a correct answer, you need to talk to an attorney who understands conflict of law and the admissibility of wiretaps. </p>

recording phonecall