Civil Wiretapping Claims
Both the Texas and Federal Wiretap Acts define ‘intercept’ as the aural or other acquisition of any wire, electronic, or oral communication through the use of any electronic, mechanical, or other device (see 18 U.S. Code § 2510(4); also see Tex. Civ. Prac. & Rem. Code § 123.001(2)).
Someone recorded our phone call without my consent. Can I sue them?
State and federal wiretapping laws provide civil relief for individuals whose communications have been unlawfully intercepted (see 18 U.S. Code § 2520; also see Tex. Civ. Prac. & Rem. Code § 123.002).
You may be able to win a civil interception case if a third party used an interception device to intercept a conversation between you and another person. However, this does not include a third person who was authorized to intercept the call by the person you were on the phone with.
My child’s other parent recorded our phone calls. What can I do?
This is a very common issue in child custody cases. However, the chances of prevailing on a civil interception claim in this case are low.
Texas recognizes the vicarious consent doctrine, which allows a parent to consent to interception on behalf of their minor child. Under this defense, a parent cannot be held liable for interception, as a minor child has no authority to consent for themselves (Alamda v. State, 181 S.W.3d 772, 777 (Tex. App. 2005)).
Think you have a civil interception claim? Are you being sued for interception? Call Carpenter & Associates PC today!
Civil interception claims are complicated and require a substantial amount of knowledge about the Fourth Amendment. At Carpenter & Associates, we have many attorneys and staff with previous experience in law enforcement, making us experts when it comes to your right to privacy.
Give us a call and we’ll review your case today! (972) 455-8700