Is it legal to record a conversation without knowledge or consent of "tapee"?

[Sue_B]

I have recently undergone the most unprofessional car buying experience. The salesman (a "friend") changed the contract after we agreed on terms and I didn't notice the changes when I signed. Additionally, he told me he had taped a conversation. He said that to convince me he had said something he didn't say. Because the dealership won't do anything to help me, I was wondering if I could raise the issue of illegal tape recording a conversation without my knowledge or consent.

 

[Michael Wechsler]

Many states, such as NY, do allow taped conversations as long as one party permits the taping. (Here the dealer consented, although if a third party taped the conversation and neither of you consented, that could constitute an illegal taping.) Some vendors also state that they record the conversation for "training purposes" and may try to introduce this into court as having had your consent after notice. However, if you know what was said, then you should have nothing to worry about. In fact, unless it is manifestly clear, a party that brings a tape into court will likely appear suspect in doing so without the knowledge of the other party. You might do better by acting extremely confident and discussing taking other action, including with the attorney general. Additionally, you might say that you know what you said and that the introduction of a tape in court would be fine. Just remember whether it's worth the effort to go this far or simply file a complaint with the BB or AG or some other regulatory body.