Is it legal to tape-record a telephone conversation? The answer to this question would depend on what state you were in. The consent laws vary from state to state. A one-party state means one party to the telephone conversation has to have knowledge and give consent. In a two-party state, all parties must have knowledge and give consent.

Most states are a one-party state. Louisiana is a one-party consent state. This is constantly changing and the law is being tested. The results may not always be admissible even though you may live in a one-party state and the recording was permissible.

Now comes the confusing part, when and if a person would make a call from one state which has a one-party consent to another state which may have a two-party consent. Generally speaking, federal law would have jurisdiction.

There are two principal exceptions: 

Federal exceptions. Consent: In the absence of more restrictive state law, it is permissible to intercept and record a telephone conversation if one or both of the parties to the call consents. Consent means authorization by only one participant in the call; single-party consent is provided for by specific statutory exemption under federal law. 18 U.S.C. Sec. 2511(2)(d).

"Business telephone" exception. The "business telephone" exception, which generally allows monitoring of calls and taping over an extension phone which is both provided to a subscriber in the ordinary course of a telephone company's business and is being used by that subscriber in the ordinary course of its business. This provision generally permits businesses to monitor the conversations of their employees, including personal conversations.

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