Was it illegal for Kim and Kanye to record a conversation with Taylor Swift without her knowledge?

By Radio.com Staff

In the latest chapter of the Kanye West/Kim Kardashian vs. Taylor Swift conflict, Kim Kardashian recently released video of West on the phone with Taylor Swift. During the conversation, Swift is on speaker phone.

The conversation confirms that Swift did in fact know about Kanye’s controversial verse on “Famous,” in which he raps “I feel like me and Taylor might still have sex / Why? I made that b—- famous.”

Swift responded to the video of the conversation being posted with an Instagram post pointing out that at no point in the conversation does Kanye use word b—-, the part of the lyric she takes offense to.

Related: Taylor Swift Strikes Back at Kanye West and Kim Kardashian

People reports that Swift’s team sent Kim and Kanye a letter warning that if the call had been recorded, it was without Taylor’s consent, and therefore a felony.

Legal experts tell Radio.com that while the law varies from state to state, recording a phone call without all party’s permission is illegal in California, where the recording in question is alleged to have happened. This opens West and Kardashian to criminal charges and also a civil suit by Swift. A civil proceeding has a maximum payout of $5k or 3x the amount of actual damages (which would be difficult to ascertain).

That Kardashian made the contents of that recording public opens the door for Taylor to further claim that her expectation of privacy was violated.

Swift may also have a defamation claim, specifically over the question of whether or not she lied.

As there is no evidence she was aware of the term “b—-” being used, Swift is validated. However, her past characterization of the entire conversation may hurt her chances of proving defamation.

Swift has been silent since her scathing Instagram post, no word yet on legal retribution, if any.


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