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Under Maryland’s Wiretapping and Electronic Surveillance Act, it is unlawful to tape record a conversation without the permission of all the parties. Additionally, recording with criminal or tortuous purpose is illegal, regardless of consent. Md. Code Ann., Cts. & Jud. Proc. § 10-402.  Disclosing the contents of intercepted communications with reason to know they were obtained unlawfully is a crime as well.

Violations of the law are felonies punishable by imprisonment for not more than five years and a fine of not more than $10,000. Civil liability for violations can include the greater of actual damages, $100 a day for each day of violation or $1,000, along with punitive damages, attorney fees and litigation costs. To recover civil damages, however, a plaintiff must prove that the defendant knew it was illegal to tape the communication without consent from all participants. MD. Code Ann., Cts. & Jud. Proc. § 10-410.

Anyone whose communications have been intercepted can sue for civil damages and recover the greater of $100 a day for each day of violation or actual damages, and also attorney fees and litigation costs. Me. Rev. Stat. Ann. tit. 15, § 711.

Inside Maryland