Scott Koller writes:
Telephone recording laws in the United States are generally divided between one-party and two-party consent statutes. California is a two-party state where both parties need to consent before a telephone conversation may be recorded. In Annette Jonczyk v. First National Capital Corporation et al, a plaintiff brought a class action lawsuit against her husband’s employer for allegedly recording employee telephone conversations.
First National Capitol (“First National”) is a California corporation accused of recording telephone conversations in California. However, the plaintiff is a resident of Missouri, a one-party consent state. Under Missouri law, telephone conversations may be recorded so long as at least one-party to the conversation consents. Here, the telephone calls underlying the plaintiff’s lawsuit took place while she was in Missouri. With the choice-of-law deciding the outcome of the litigation, First National moved to dismiss the plaintiff’s claims on the grounds that because she is a Missouri resident, Missouri law should apply.
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