Resources

Client Alerts, News Articles, Blog Posts, & Multimedia

Everything you need to know about BMD and the industry.

We are Working in a Virtual, Video-Conferencing World – But What About Wiretapping?

Client Alert
July 30, 2020

Businesses and other organizations often have a need or desire to record telephone conversations related to their business interests and customer dealings; however, this practice is not always permissible as federal and state laws vary on this issue. Knowing and understanding your jurisdiction’s rules and regulations on this practice is essential to remaining in compliance with the law. 

Under the federal Wiretap Act, phone conversations typically may be recorded as long as one party to the conversation consents. Exceptions to this general rule exist, however, including when the consenting party intends to use the recording for criminal or tortious purposes. 

With that said, a state law that varies with the federal by requiring a more stringent two-party consent standard will supersede federal law. Moreover, state laws which do follow the federal one-party standard, but address and outline allow different or additional exceptions to the standard will rule in that regard as well. 

It should further be noted that these laws extend to virtual meetings as well, including those conducted through video-conferencing technologies such as Zoom, Microsoft Teams, etc. — even if the purpose of the meeting is for educational and/or training programs. As popularity in the use of these platforms is on the rise, businesses should be mindful of the civil and/or criminal liabilities associated with the use of these technologies, particularly when seeking to record sessions.

So, what should you do if you believe that you’ve been recorded? Can you ask if you’re being recorded, and does the person answering have to be honest in their response? Unsurprisingly, the answers to these questions vary by jurisdiction as well depending on how strict of a standard your state follows. A one-party consent state has different and more lenient requirements than a two-party consent state. 

Penalties for failing to follow any of the above-mentioned federal and/or state wiretapping laws are serious, so ensuring notice and consent before recording as required can mean the difference between compliance and potential fines as well as prison time. 

Knowing and understanding the implications and permissibility of recording phone and/or video conferencing conversations is increasingly important in light of ongoing stay-at-home orders leading to the growing use of these technologies. If you have any questions regarding the scope of your specific jurisdiction’s law on these issues, please contact Amanda L. Waesch, Esq. at alwaesch@bmdllc.com.

virtual businessremote workingcriminal liabilitytelephone recordingwiretap actAmanda L. Waesch
Client Alert

Update on Temporary Protected Status (TPS) for Haiti and Related Countries

July 13, 2026USCIS has temporarily extended Employment Authorization Documents (EADs) for certain Temporary Protected Status (TPS) beneficiaries from Haiti and several other countries following recent court action. Employers and TPS recipients should review EAD expiration dates, monitor ongoing developments, and ensure compliance with Form I-9 and E-Verify requirements.Client Alert

HHS Accessibility Requirements for Medical Diagnostic Equipment: What Health Care Providers Need to Know

July 8, 2026Health care providers that receive federal financial assistance are now subject to updated HHS accessibility requirements for medical diagnostic equipment under Section 504 of the Rehabilitation Act. With the July 8, 2026, compliance deadline in effect, covered providers should ensure they have the required accessible equipment, train staff, and review operational practices to reduce compliance risk and provide accessible care for patients with disabilities.Client Alert

Florida Super Lawyers® Recognizes Brennan Manna Diamond Attorneys to the 2026 Lists

June 26, 2026BRENNAN, MANNA & DIAMOND is proud to announce that three of our attorneys have been designated to the 2026 Florida Super Lawyers® and Florida Rising Stars® lists. Super Lawyers is based on multiple categories of independent research and peer evaluation to identify outstanding lawyers.Client Alert

Supreme Court Clears Path for TPS Terminations: What Employers Need to Know

June 25, 2026The U.S. Supreme Court's June 25, 2026 decision in Mullin v. Doe and Trump v. Miot removed legal obstacles that had delayed the termination of Temporary Protected Status (TPS) for Haiti and Syria. The ruling also reinforces the administration's authority to terminate other TPS designations currently under review. Employers should immediately identify workers whose employment authorization is tied to affected TPS programs, review Form I-9 records, and prepare for forthcoming USCIS guidance before taking any employment action.Client Alert

The Risks of Outsourcing Medical Billing and the Importance of State-Law Compliance

June 24, 2026Offshoring medical billing and other administrative functions can reduce costs, but it also raises significant compliance, operational, and contractual risks. Although HIPAA does not explicitly prohibit protected health information from being accessed or stored outside the United States, healthcare providers and their vendors remain responsible for safeguarding patient information and complying with state-specific restrictions that may limit or prohibit offshore subcontracting.
Older posts