Depending on the State your phone # is in and the State in the other callers # is in, legally determines the lawful recording of the conversation.
Some States have a single party consent rule,others have a two party consent rule.(IF ONE PERSON HAS A # IN A 2 PARTY CONSENT STATE, THAN IT DOES NOT MATTER IF THE OTHER # IS IN A 1 PARTY CONSENT STATE)
If you are having a phone conversation from a phone in a single party consent State with another person with a phone that is also in a single party consent State than you are not required to inform them that you are recording.
Now , If you are in conversation with someone that is on a phone that has a # registered in a 2 party consent State, and your phone is registered in a single party consent State- You can not legally record the conversation (without their consent) because of the other # is in a 2 party consent state.
My opinion on this is that if the gov is permitted to listen in on cellular phone conversations without a Warrant from a judge —- than we (the people) should also have the right to freely and legally record any conversation as well – without consent set by a “STATE” position of allowance.
I KNOW THIS WAS RANDOM THOUGHT AND NOT APPLICABLE TO MOST OF US…..
JUST ONE OF MY RANDOM RANTS…
BUT…. IF YOU FIND YOURSELF IN A POSITION TO WANT AND RECORD A PHONE CONVERSATION- MAKE SURE YOU CHECK YOUR STATE RULES AS WELL AS THE STATE RULES OF THE OTHER CALLER