Note: The DearEsq free 'ask a lawyer' site is offered as a free informational service to the public and is not intended as legal advice. Laws vary from state-to-state, and in addition every situation is unique, and relevant facts may not be known. The answer to the question posed below may not apply to in your state or to your situation. For legal advice in your state and your situation you should consult with an attorney in your state who is familiar with the rules and laws in your state.
Can a person be taped by a voicemail being sent to a friend, then leaving the voicemail on and tape a conversation and use it at any time against them?
Recording a voicemail is generally legal because the person making the voicemail knew she was being recorded when she made the initial voicemail, even if the rest of the voicemail recording was accidental. Whether that recording can then be used against the person will depend on the state’s particular laws. Some laws have very strict recording laws and will only allow recordings that had every party’s consent. Other states are more relaxed and only require one person’s consent to allow a recording.
