Massachusetts
Massachusetts requires consent of al parties unless another exception applies. Mass. Gen. Laws Ann. ch. 272, Sec. 99. Telephone equipment which is furnished to a phone company subscriber and used in the ordinary course of business is excluded from the definition of unlawful interception devices. Id. at 99(B)(3). Office intercommunication systems used in the ordinary course of business are similarly exempt. Id. at 99(D)(1)(b). The criminal penalty is a fine of up to $10,000, imprisonment for up to five years, or both. In civil litigation, an injured party may recover actual and punitive damages as well as costs and fees. It is a separate violation to divulge or use the information garnered through unlawful interception and an additional penalty of up to two years in prison or $5,000 may be imposed on this count.
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