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The court, noting that “[it] uncovered no cases rejecting the vicarious consent argument,” and “find[ing] persuasive the cases allowing vicarious consent,” adopted the concept of vicarious consent and granted summary judgment for the father.

Plaintiffs brought an action against Defendants, alleging that Defendants violated the federal wiretapping statute, Title III of the Omnibus Crime Control and Safe Streets Act of 1968, 18 U. On appeal, we must determine: (1) whether the statutory consent exception contained in 18 U. The district court concluded that “vicarious consent” to recording a telephone conversation, by a parent on behalf of a minor child in that parent's custody, qualifies for the statutory consent exception, and found that no questions of material fact existed as to Defendant Sandra Pollock's motivation in recording the conversations.

As set forth above, there appears to be no dispute that Sandra intentionally intercepted the phone calls or that Defendants intentionally disclosed the contents thereof. First, whether a parent, motivated by concern for the welfare of his or her child, can “vicariously consent” to tape-recording the calls of a minor child, when the child has not consented to the recording. Ark.1998), and the district court in this case, Pollock v.

Plaintiffs allege that Sandra and her attorneys violated Title III when: (1) Sandra taped conversations between Courtney and Plaintiffs; (2) Sandra disclosed these conversations to her attorneys; and (3) Sandra and her attorneys disclosed these conversations to the CACU.

The Court of Appeals of Michigan is the only court that has evaluated the concept of vicarious consent and declined to adopt it.

The Court in Diaz noted that the New Jersey statute was modeled after the federal statute, and cited Thompson and the district court's opinion in this case in support of its holding that the state statute incorporates the theory of vicarious consent. Finally, two state courts have addressed this issue under both the federal and state wiretap statutes. In the final case to address this issue, West Virginia Dep't of Health & Human Resources v.

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