Q: I met with this customer in a public parking lot of a truck stop off the highway. I recorded the conversation so that my husband could hear after it was done because he was not able to come and is main owner of our business. In this recording it is stated my husband’s work is perfect and they can’t wait to pay us, and he also admits to committing insurance fraud. We still have not been paid by this guy for the work completed and now need to go to court to get our money (which this guy agrees to amount and that the job is perfect in the recording) Since this was recorded in a public place with both of us standing in parking lot of public place, can this be used in court?? Thank you in advance! (Pittsburgh, PA)
A: PA is a two-party consent state. If the other person was unaware he was being electronically recorded, you don’t have two parties consenting and you have committed a crime under the PA Wiretapping and Electronic Surveillance Act, 18 PA. C.S. § 5701. I would not use the recording.