You cannot "infer" consent when someone has already stated that they do not consent. The conversation is oral, not on the phone, and is on public grounds. It is not legal to record conversations that you aren't participating in She’s not the first person to record workplace conversations. Geography: In most states, if you are a participant in the conversation, you can record it – it is not legal to record the conversations of people around you. The exception to the rule is when there is no reasonable expectation of privacy. You CAN however, record video OF two people interacting so long as –your video does not capture the audio of their conversation –the subject of the conversation is not apparent from the video –the two people talking are in a public place. I belong to a couple of charity committees. If you are in California and looking to record a telephone conversation, California recording laws are something you cannot ignore in 2019. Is it illegal to record someone in public? The conversation is oral, not on the phone, and is on public grounds. Illegal recording may also give rise to civil liability.” (emphasis added). As long as the recording is for personal use you don’t need to obtain consent or let the other person know. While it may be tempting to secretly record conversations your partner might have, these recordings could be illegal. In California, for example, you can record a conversation without the other person knowing if you believe it will collect evidence of a serious crime. Under California Penal Code § 633, state law enforcement officials may eavesdrop and record telephone conversations. § 16-11-66(a). There are 11 all-party-jurisdiction states in which both the clinician and patient must both consent to recording a conversation: California, California, Florida, Illinois, Maryland, Massachusetts, Michigan, Montana, New Hampshire, Oregon, Pennsylvania, and Washington. Instead, it’s best to take copious notes during these conversations and then use those to prove your claim. Ga. Code Ann. I am present and participating in the conversation and I am secretly recording. Knowledge can be inferred from the circumstances where there is no actual consent. Regardless of a state’s specific telephone recording laws, it is generally illegal in any state or federal jurisdiction to record a phone conversation that you are not a primary participant of, have not received consent to record from at least one of the participants, and are attempting to record a conversation that you would not normally be able to overhear. Things change if the matter is addressed with a claim for damages or if the recordings have been shared without the consent of the participants. Businesses such as Southwest Rapid Rewards may be in violation of California call recording law, according to private investigations. This is because under the California Penal Code, recording a conversation is punishable by fine or prison time.