questions & answers

Question: A person came into my office for a meeting and I stated "I do not consent to being recorded" prior to our conversation. He recorded the conversation. I understand the one-person consent laws for recording but I expressly revoked consent. Do I have a case to take to court?

Answer: Arizona Revised Statute §12-731 states:
A. Except as provided in title 13, chapter 30, any person whose wire, oral or electronic communication is intentionally intercepted, disclosed or used in violation of title 13, chapter 30 may bring a civil action to recover from the person or entity that engaged in the violation the following:
1. Such preliminary and other equitable or declaratory relief as may be appropriate.
2. Damages in an amount that is the greater of either:
(a) The sum of the actual damages suffered by the plaintiff and any profits made by the violator as a result of the violation.
(b) Statutory damages of one hundred dollars a day for each day of the violation.
(c) Statutory damages of ten thousand dollars.
3. Punitive damages in appropriate cases.
4. Reasonable attorney fees and other reasonable costs of litigation.
B. A civil action under this section may not be commenced later than one year after the date upon which the plaintiff first has a reasonable opportunity to discover the violation.
 
This applies to communications where both parties are unaware or do not consent to the recording of the conversation.

Arizona Revised Statute 13-3005 states:

A. Except as provided in this section and section 13-3012, a person is guilty of a class 5 felony who either:
Intentionally intercepts a wire or electronic communication to which he is not a party, or aids, authorizes, employs, procures or permits another to so do, without the consent of either a sender or receiver thereof.
2. Intentionally intercepts a conversation or discussion at which he is not present, or aids, authorizes, employs, procures or permits another to so do, without the consent of a party to such conversation or discussion.
3. Intentionally intercepts the deliberations of a jury or aids, authorizes, employs, procures or permits another to so do.
B. Except as provided in sections 13-3012 and 13-3017, a person who intentionally and without lawful authority installs or uses a pen register or trap and trace device on the telephone lines or communications facilities of another person which are utilized for wire or electronic communication is guilty of a class 6 felony.

For advice regarding the facts specific to your case, please consult an attorney.