teven Nathan AinbinderInsurance Law LawyerBoca Raton, FL ·
First, I am sorry to read that your daughter is hospitalized for depression. Second, why do you think the mental health facility was monitoring your calls and not the child's father?
Regardless, the hospital may have the ability to monitor phone calls if it is in the best interest of the child. Regardless, what are your damages, if your phone call was improperly monitored?
I would worry more about your daughter and being concerned about her care than suing the hospital.
Good luck.
Florida has a wiretapping law which requires "two-party consent." That is, both parties to the phone call must consent to its recording. Fla. Stat. ch. 934.03 states that it is a crime to record a "wire, oral, or electronic communication" in Florida, unless all parties to the communication consent. In Florida, phone calls cannot be recorded without the permission of all parties. From your question, I looks as if the caller and the person called were both in Florida. Different states have different laws, and the answer may be different if the call originated out of state.
With respect to damages, there are statutory damages available. Fla. Stat. ch. 934.10 provides that “Any person whose wire, oral, or electronic communication is intercepted, disclosed, or used in violation of ss. 934.03-934.09 shall have a civil cause of action against any person or entity who intercepts, discloses, or uses, or procures any other person or entity to intercept, disclose, or use, such communications and shall be entitled to recover from any such person or entity which engaged in that violation such relief as may be appropriate, including:
(a) Preliminary or equitable or declaratory relief as may be appropriate;
(b) Actual damages, but not less than liquidated damages computed at the rate of $100 a day for each day of violation or $1,000, whichever is higher;
(c) Punitive damages; and
d) A reasonable attorney’s fee and other litigation costs reasonably incurred.
