Recording Telephone Calls
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Va. Code Ann. § 19.2-62: Despite the fact that it is generally a felony to intercept or disclose the contents of any wire, oral or electronic communication under state law, the recording or disclosing of communications by a party, or with the consent of a party, is specifically permitted.
Under the statute, consent is not required for the taping of a non-electronic communication uttered by a person who does not have a reasonable expectation of privacy in that communication. See definition of "oral communication," Va. Code Ann. § 19.2-61; Belmer v. Commonwealth, 553 S.E.2d 123 (Va. App. 2001).
Criminal penalties for violations of the law include imprisonment of not less than one year, but not more than five years, or imprisonment for not more than 12 months and a fine of up to $2,500. Va. Code ann. § 18.2-10. Civil actions are authorized for recovery of actual damages, $100 for each day of violation or $1,000 — whichever is greater. Punitive damages, attorney fees and litigation costs can be recovered as well. Va. Code Ann. § 19.2-69.
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