ex allowed an unknown woman to illegally eavesdrop on phone conversation?
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Question by Connie J: ex allowed an unknown woman to illegally eavesdrop on phone conversation?
I have a question that I’m hoping you can answer. Do I have a good chance of winning a law suit and what would be a realistic amount to ask for in damages?
My ex husband had an unknown woman eavesdrop on a conversation between him, myself and my daughter, the phone call was on speaker phone and my ex husband was notified at the start of the telephone call and during the call, florida where we live and ca. where he lives is an all party state, that the conversation was being recorded, in the middle of the conversation there was a call and my ex was put on hold for a few seconds before resuming the conversation, where we (my daughter and I who were known to my ex and participating in the conversation) discovered an unknown woman speaking about the details of the current call to my ex. she did not identify herself and my ex would only later refer to her as his “lawyer”. also how can I bring charges if any against my ex and this mystery woman. where do I start?
the following is all the info that I found online about the matter.
All parties must consent to the recording or the disclosure of the contents of any wire, oral or electronic communication in Florida. Recording, disclosing, or endeavoring to disclose without the consent of all parties is a felony, unless the interception is a first offense committed without any illegal purpose, and not for commercial gain. Fla. Stat. ch. 934.03. These first offenses and the interception of cellular frequencies are misdemeanors. State v. News-Press Pub. Co., 338 So. 2d 1313 (1976).
thank you
Best answer:
Answer by Pewpew
SO MUCH DRAMA
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Comments on ex allowed an unknown woman to illegally eavesdrop on phone conversation?
“the call was on speakerphone”
Well, that should have tipped you off that someone else could hear your conversation.
I am guessing you were recording the conversation since you state he was informed of it. So what is the big deal if someone else on his end heard it? Get over him and your drama, why sue? Get on with your life and over the failed relationship. Quit trying to punish him.
You knew that the conversation was being recorded, so your participation in the conversation shows your consent to recording. Moreover, since the conversation was being recorded, and was on speakerphone, you had no reasonable belief that the conversation was confidential. There does not appear to be any violation of California law, and I doubt if there was a violation of Florida law. If you think there was a violation, tell the police.
Who was recording the conversation? I am not understanding whether it was him or you. I think YOU were recording the call. If that is, indeed, the case, then he has not broken any laws- it would have been against the law for him to record the call without your knowledge/consent (depending on the laws in the state(s) involved), but not for you to record the call and someone on his end to be listening via speakerphone.
And, if he was recording the call, and you and your daughter were made aware, it still does not matter that someone on his end was listening via speakerphone. That is in no way illegal. If he were to have recorded the conversation without your consent, that would have been illegal. Once you consented to the recording, though (and you consented if you continued the conversation after being notified of the recording), then it is his right to share that recording, especially with a lawyer. However, in this case he was not even playing the recording to the lawyer, she was listening via speakerphone- which, again, is not illegal.
You can file a lawsuit. It is unlikely you would win. If you did win, you could be awarded any damages and court costs. Were there any damages? If not, there would be nothing to be awarded. If you did not win, he could be awarded damages- including lost wages from having to be in court for a frivolous lawsuit.