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What laws apply in terms of the recording of phone calls placed between the US and Canada?

Discussion in 'Other Legal Issues' started by mutedmusic, Dec 29, 2018.

  1. mutedmusic

    mutedmusic Law Topic Starter New Member

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    I'm currently in Canada (Québec) on a long-term visitor's permit (passport travel); I've been here for 6 months and I'll be here for at least another 3. I do not hold a work or study visa, and I have no resident status, but I do have a lease here. I'm a US citizen and my prior and long-time residence was in Florida, but I do not currently have a lease or own a home there. My phone number still reflects a Florida area code, and the address of record on many of my accounts (including my cellular account) is my old Florida address.

    I'm expecting a call from someone in Florida, and I would like to record it. The law of the land in Canada permits the recording of a phone call without any special provisions as long as one is a participant in the call. However, Florida is a two-party consent state.

    Can I go by the law of the land where I physically find myself in this case? Does it make a difference if I call them versus if they call me?

    I'm primarily thinking in terms of legal consequences if I eventually wanted to publish the recording, not so much for admissibility in court.
     
  2. mightymoose

    mightymoose Moderator

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    This would ultimately depend on where you intend to use the recording.
    If Canadian law permits the recording and you use the recording in Canada there should be no issue.
    If you take the recording to Florida and attempt to present it in court for some reason then you may have issues with admissibility.
     
  3. mutedmusic

    mutedmusic Law Topic Starter New Member

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    Thanks for your reply. What if I were to publish the recording online? Would it depend on where I was publishing from as to whether or not the individual that I had recorded would have any legal recourse against me?
     
  4. mightymoose

    mightymoose Moderator

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    You are opening up a bigger can of worms if you do so.
    Don't forget there are federal laws to be concerned with as well.
    If you do it in Canada and it stays in Canada then no worries (assuming you are correct that local law permits it).
    What you do with the recording once you obtain it becomes another matter.
     
  5. mutedmusic

    mutedmusic Law Topic Starter New Member

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    When you say "stays in Canada", what exactly do you mean? Once the recording is published online, the concept of where it is located gets a bit fuzzy. I could only guarantee that my original publishing is hosted from a Canadian server, but people would be accessing and making copies of it from all over, mostly the states.
     
  6. mightymoose

    mightymoose Moderator

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    Your intention to publish a recording online is very good reason to actually visit an attorney for legal counsel.
    Your recording may be ok, but you expose yourself to possible slander/defamation allegations by distributing it.
     
  7. adjusterjack

    adjusterjack Super Moderator

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    If you publish it online and step foot back in Florida you can potentially be prosecuted for the crime in Florida since your possession of the recording is prima facie evidence in Florida that you illegally recorded it.

    Even without criminal prosecution you could still be subject to a civil lawsuit if your purpose is to embarrass and malign the other party.
     
  8. mutedmusic

    mutedmusic Law Topic Starter New Member

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    I see, so it sounds risky. My purpose would be to expose, beyond a reasonable doubt, blatant deception, and possibly intentional sabotage, by this individual in terms of the services they rendered me via their business. I have other documentation that I've been gathering, but I would like a record of their admission that they did a certain thing throughout the course of rendering their services to me that's essentially tantamount to fraud. I'd rather avoid a lawsuit/court, and instead offer them to settle the matter for a partial refund from them in exchange for signing an NDA / release of liability on my end. If this got out, it would indeed ruin their business reputation, and rightfully so, as the action I'm referring to is absolutely untenable in the context of the industry, and it's costing me real money to remedy.
     
  9. mutedmusic

    mutedmusic Law Topic Starter New Member

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    If I were to engage an attorney, what area of expertise should I look for? And where? Florida?
     
  10. adjusterjack

    adjusterjack Super Moderator

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    I figured it's something like that.

    If that person is such a rotter it's not likely that he will even take your call much less admit to any wrongdoing on the phone.

    Trying that could get you criminally prosecuted for extortion.

    Then you file a lawsuit and seek compensation. If you aren't willing to do that then give it up, chalk it up to experience and get on with your life because anything you do other than a lawsuit is doomed to failure. Worse, could even backfire with a lawsuit aimed in your direction.

    Contracts, business. Or you call up a law firm with many attorneys, explain what you want and ask for an attorney that can handle it.

    Yes, Florida. And, no, you don't get travel costs or lost earnings if you have to take off from work.
     
  11. Tax Counsel

    Tax Counsel Well-Known Member

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    You potentially are subject to the laws of each place. I'd be careful about recording that call without consent without first checking with a Florida attorney about whether you violate the Florida law by doing so.
     

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