Is it legal to record someone else&#39;s call in Arkansas if that recording is then never used? I looked up Arkansas law and it says it's illegal to record someone else's call if you are not a part of that call and you didn't get at least one person's consent. https://recordinglaw.com/united-states-recording-laws/one-party-consent-states/arkansas-recording-laws/ Then I talked to my friend who is a lawyer, and she says, &quot;it's ok, you can record as much as you want as long as you don't attempt to use it anywhere. Recording other people's conversations that you are not a part of, and without permission is ok, as long as you don't use those conversations anywhere like evidence or something. Go on record as much as you want and keep it to yourself&quot;. So technically you can record other people's conversations for yourself, and never use them. And this will be totally fine, as long as you keep those conversations to yourself. Is this correct?
Ark. Code 5-60-120 is very clear that the act of intercepting is a crime. Not just &quot;recording and using&quot;, not just &quot;recording&quot;, but intercepting in any way. Specifically: It is unlawful for a person to intercept a wire, landline, oral, telephonic communication, or wireless communication, and to record or possess a recording of the communication unless the person is a party to the communication or one (1) of the parties to the communication has given prior consent to the interception and recording. Intercepting is illegal, therefore it is not &quot;okay&quot;. Perhaps the &quot;sort of a lawyer&quot; was speaking of the probability of getting caught doing it.
The difference in their treatment is because of the asymmetry in the law. There are "wiretapping" laws pertaining to interception of voice communication, which do not include photographic recording. It is generally illegal to "intercept" an oral, wire or electronic communication (direct conversation, literal wire tap, or listening in on wireless speech): there is an exception that sound can be "intercepted" by a hearing aid or similar device to correct a person's less-than-normal hearing. Using a microphone or any other electronic device is thus "wiretapping". There is no law against taking a photo in public, even using a telephoto lens (however, trespassing to take a photo is illegal). It is true that when a person has no reasonable expectation of privacy, voice recording does not require consent of either party (in Texas). But simply "being in public" does not mean that there is no expectation of privacy – it depends on whether a reasonable person would know that they can easily be heard. In that context, there is still a reasonable expectation of privacy if you're 30 feet from the nearest person. It is hard to say exactly why the law is the way it is. I presume it is partially based on differences in "reasonable expectations of privacy" for sound versus light (sound dies out quickly, light does not). Wiretapping laws are, in the first place (Omnibus Crime Control Act of 1968), a reaction to Supreme Court decisions that limited wiretapping on 4th Amendment grounds in Berger v. New York, 388 U.S. 41 and Katz v. United States, 389 U.S. 347. Since the court did not say that the government taking a picture (without trespassing) is unconstitutional, the US government and states did not construct laws that prohibited that activity.
They don't have to inform you that they are a debt collector. Because that can be a violation of 15 U.S.C. Section 1692b(2) by exposing that the person they are attempting to collect from has a debt. They are required to: identify himself, state that he is confirming or correcting location information concerning the consumer, and, only if expressly requested, identify his employer -- 15 U.S.C. Section 1692b(1) They also may not use any language indicates that the debt collector is in the debt collection business or that the communication relates to the collection of a debt 15 U.S.C. Section 1692b(5) What they do not have the right to do is harass you. They can not attempt to contact you again 15 U.S.C. Section 1692b(3) unless they have reason to believe you lied. I would contact the company back and inform them that you wish to have your number removed from their calling list, and that future calls may be a violation of 15 U.S.C. Section 1692b(3). Also, send them a notice in the mail. If they continue to attempt to contact you, report them to the FTC. You may also be entitled to monetary damages as well. See FTC The judge can require the debt collector to pay you up to $1,000, even if you can’t prove that you suffered actual damages. You also can be reimbursed for your attorney’s fees and court costs. To file a claim with the FTC, go to there online claim for debt collectors Its worth it to show that you won't joke with them. I had a "debt" with T-Mobile (really, I had a billing error in their favor, and they admitted to it, but would not stop the debt collectors) and they violated the rules. I tried to work with them, 6 months later, they damaged my credit. I contacted FTC about it and T-Mobile with in 3 days had the debt cleared and reversed on my credit. They also paid for my damages. All I wanted was the debt cleared. Note: for calls being recorded, always make sure you follow local laws and inform the other party that the call is recorded. If they have a right to record you, you have a right to record them. You must always infrom them as well.
There is no common law offence of electronically recording a private place/activity, but many jurisdictions have legislation that makes it an offence: e.g. Surveillance Devices Act 1999 (Vic), s 7. Whether evidence collected through illegal surveillance is admissible will depend on the legislation in each jurisdiction. For example, in Victoria, such evidence is inadmissible unless the court decides that admitting the evidence is sufficiently desirable: Evidence Act 2008 (Vic), s 138. This discretion reflects 'the fundamental dilemma... between the public interest in admitting reliable evidence (and thereby convicting the guilty) and the public interest in vindicating individual rights and deterring misconduct and maintaining the legitimacy of the judicial system': Australian Law Reform Commission (2006) 'Uniform Evidence Law', [16.84].
Generally they don't. If the conversation was made while there was a third person present, the person can be a witness at trial. Unless the witness is impeached, the witness's statement may be sufficient for you to meet your burden of proof to show the statement was made, because the burden is just a preponderance of evidence in most civil cases. Note that, the existence of a statement is not sufficient to prove breach of privacy. The context surrounding the statement is important. If you intend to record communications from the landlord in the future, please check with your jurisdiction's laws regarding recording of communications. Many jurisdictions (such as California) only permit a private communication to be recorded when all parties give consent. Not only an illegally recorded conversation is inadmissible as evidence (with the exception to rebut a witness), it is also a crime to do so. Some other jurisdictions in USA allows one party to record the conversation without obtaining consent from the other party.
What can we do to dismiss such report? Does she just show up at a local police department telling them that she's fine and it was her own decision? In short, yes. She shows up at a local police station, tells her side of the story including the whole bit about things getting destroyed and her getting kicked out, cites the missing persons report, and make it clear that she's not missing but an independent adult who is free and making her own decisions. Since she's over 18, she can do that. (Bringing proof of age might be helpful.) The mystery of the missing person will be considered solved from the police side. She does not have to give a specific address where she's living, just convince the officer that she's OK and making an intentional decision to create distance between herself and her mother. She could also try calling (the same local station which is convenient to her current location) before showing up to see if that satisfies the officer, and only go in if needed. Would I get in trouble for being in a relationship with her daughter since I was 20 and she was 16? We had never met in person until now, to avoid any trouble. Shouldn't be a problem, as long as it's a mutually willing (non-coercive) relationship. Her mother said the police also wanted to talk to me separately. I do not want to get involved in this at all. Can I reject it? Yes, you can reject it. You do not have to answer ANY question a police officer asks; you have the right to remain silent and/or to say only "I have the right to remain silent." To reduce the probability that they'll even ask questions, you might prefer not accompanying your girlfriend when she goes to clear the missing persons report, if she goes in-person. This adds more weight to her assertion that she's going there to clear it of her own free will, not because you're forcing her.
There is no way to know for absolute sure. The statutes do not address the question, so one would look at the case law. There appear to be about a dozen wiretapping cases that made it to the court of appeals in Maryland, and none of them involve implied consent (e.g. where it is announced prior to recording that the call may or will be recorded – prior is mandatory). The probability is high that implied consent suffices, since the legislature did not specific require express consent and consent is not generally taken to mean express consent. One can and should hire an attorney who will give you a professional and considered (but not infallible) opinion, if it really matters.
Is there any way I can defend myself against penalties when mistakes are made in my favor? Another option, in a similar vein to your suggestions, is to make a contemporaneous record of the conversations. Then send an email* to the public official detailing what was said and agreed, along with a request that they reply with any observations or amendments within a certain time frame. That way you have a date-stamped document properly addressed to the other party to use as evidence or leverage. *or a recorded delivery letter etc