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Overview of the California Invasion of Privacy Act?
State lawmakers passed the California Invasion of Privacy Act in 1967 to help protect Californians’ privacy from unlawful recording, monitoring, and eavesdropping.
Among the nation’s strictest privacy protection laws, Californians’ right to privacy is written into the state constitution. The law has expanded over time to include phone recording, video recording, and more.
What Makes Invasion of Privacy Illegal?
In order for eavesdropping to be considered a criminal offense, it needs to exhibit the following elements:
- The act was intentional
- Neither party consented to the act
- The conversation was confidential
- An electronic device was used during the act
Under the terms of the California Invasion of Privacy Act, “confidential” communications simply means a conversation taking place under circumstances that may reasonably be assumed should remain between within the parties involved.
These confidentiality requirements exclude communications that take place at a public gathering, including “private” conversations that take place where the parties can reasonably expect they might be overheard or even recorded.
The act also bans the recording of private phone calls without the permission of the parties involved. This is known as a “two-party” consent law, though it includes all parties on the call, even if it’s more than two.
Illegal Phone Call Recording
The California Invasion of Privacy Act is clear that it is illegal to record a private conversation without the consent of all parties involved. There are similar phone call recording laws across the United States, though some may require different levels of consent from the parties. The Digital Media Law Project points out that many states require all parties in a conversation to consent before a recording can take place, including California, Connecticut, Florida, Illinois, Maryland, Massachusetts, Michigan, Montana, Nevada, New Hampshire, Pennsylvania, and Washington.
However, some companies may be illegally recording phone calls with customers in California without first warning that the recording is taking place.
Businesses often record phone calls for quality assurance, training purposes, and other reasons. Of course, it is perfectly acceptable for businesses to do so—the key here is that the company must first warn the consumer that the recording will occur. This gives the consumer a chance to opt out by hanging up, or to consent to the recording by staying on the line.
But some companies may be recording phone calls with consumers in California without first having obtained their consent for the recording to take place. Violations of the California Invasion of Privacy Act may be subject to a $5,000 fine, or treble damages suffered. Treble damages is a legal term that permits a court to triple the amount of compensatory damages awarded to a plaintiff.
Lawsuits Filed Under the California Invasion of Privacy Act
More and more people are coming forward with claims that their privacy rights have been violated after a company illegally recorded their phone calls. A growing number of class action lawsuits have ended in significant settlements.
If you believe that your phone call was recorded illegally in California, you may be able to file a lawsuit and pursue compensation.
