New Jersey Call Recording Law

Below is a section of the New Jersey State Statutes that we believe apply to recording phone conversations. This information is not intended as a substitute for legal counsel.

From the New Jersey State Code

N.J. Stat. § 2A:156A-3: Interception of any wire, electronic or oral communication, or disclosure of the contents of such communication by someone having reason to know of the interception, is a crime. The disclosure of intercepted information is not a crime, however, if the contents of the communication have "become public knowledge or public information."

In addition, an interception is legal if the interceptor is a party to the communication, or one of the parties has given prior consent, so long as no criminal or tortious intent is present. Nonetheless, even if a person is a subscriber to a particular telephone, that person cannot consent to the recording of conversations on that telephone to which he is not a party. N.J. Stat. § 2A:156A-4.

Civil liability for unlawful interception or disclosure can be imposed for the greater of actual damages, $100 per day of violation or $1,000, and can include punitive damages, attorney fees and litigation costs. N.J. Stat. § 2A:156A-24.

Important Notice

It is always best to talk with an attorney if you have questions about the legal implications of recording calls in your state. We hope this information will serve as a general guide, and is not intended to substitute for expert legal counsel.

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