I believe that you are incorrect. "In twelve states, no person may record a private communication without the consent of every party to that communication. Thus, no surreptitious recording is allowed (with exceptions for law enforcement officials who have obtained warrants to make such recordings). The states with these laws are California, Connecticut, Florida, Illinois, Maryland, Massachusetts, Michigan, Montana, Nevada, New Hampshire, Pennsylvania, and Washington." The use or non-use of the recording is not relevant. You can't make the recording. [
www.criminaldefenselawyer.com]
You are, of course, free to assume any level of risk that you like. You and others on this forum are free to record every conversation that you have. I personally choose to be very cautious. The $20 (or whatever) I earn when making a phone call into a 2-party consent state (for instance) is not nearly enough to pay for a criminal defense lawyer.
@ServiceAward wrote:
To clear up any confusion there may be regarding the audio recording consent laws, those laws apply to private conversations only. They do not apply to conversations where there can be no expectation of privacy. Phone calls will almost always be considered private. A general disclaimer suffices, which is why many companies and call centers will state that your call may be recorded.
If you are in a two-party consent state and would like an audio recording of your mystery shop to reference when you do your report, there are no legal issues recording those types of conversations without consent as long as those conversations take place in a public space where other people are around. If you are doing a phone shop, for example, you may make an audio recording of that to your heart's content since those shops occur in the public space of the cell phone store where there would not be an expectation of privacy.
Shopping South Jersey, Southeast Pennsylvania, and Delaware above the canal since 2008