Ditech Financial LLC v. BucklesAnnotate this Case
Nev. Rev. Stat. 200.620, which prohibits a person from recording a telephone call unless both parties participating in the call consent to the recording, does not apply to the recording of interstate calls when the act of recording takes place outside Nevada.
Respondent filed this class action suit against Appellant, a Delaware LLC that has its customer call centers equipped to record telephone calls in Arizona and Minnesota, alleging that Appellant violated section 200.620 by unlawfully recording certain telephone conversations without Respondent’s consent. The federal district court decided to certify a question concerning the applicability of section 200.620. The Supreme Court answered that the statute does not apply to recordings of telephone conservations with a person in Nevada without that person’s consent when the recordings are made by a party who is located and uses recording equipment outside of Nevada.