Heba Elsherif  |  August 14, 2017

Category: Consumer News

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California phone call recording two party consentConsumer advocates suspect appliance company Miele of violating California telephone recording laws by recording customer service calls without consent.

Miele is a German manufacturer of high-end home furniture and appliances. Miele’s domestic and home appliances include products like laundry washers and dryers, dishwashers, coffee systems, wine coolers, and both free-standing and built-in refrigerators.

According to Miele USA’s website, the company states that “Miele has been an independent family-owned company since its establishment in 1899 and is equally committed to its owners, employees, customers, suppliers, the environment and society.”

Consent Required for Recording Customer Service Calls

Although some states only require an approval or consent from the employees for the ongoing recorded call, California requires that all parties involved in the call (two-party consent) state their consent. California privacy laws that address phone call recording include a two party consent law. When recording customer service calls, businesses must first get the consent of all parties involved in the call.

According to California’s wiretapping law, Cal. Penal Code 632., it is a criminal offense to record a phone call without first getting all parties to the conversation to consent to the recording.

The California two party consent law includes and applies to companies like Miele that take customer service calls. Consumers who are residents of the state have suspected some companies of illegally recording customer service calls during these regular calls and other conversations.

Businesses have been known for often recording customer service calls for a variety of reasons including to help improve their customer service performances and/or used for training purposes. Implied consent occurs when a party continues to stay on the line after an automated notification or verbal notice is given of the recorded call.

With respect to recording customer service calls, businesses will often disclose to the customer via an automated recording that the ongoing call is being recorded. The recording will often occur prior to the beginning of the call or a customer service representative will disclose to the consumer that the call is being recorded and ask for their permission. Then, if the caller continues to participate in the call, their consent to being recorded is implied.

Other businesses may not be so up front about their call recording. Businesses that fail to get even implied consent risk incurring liability for violating California priacy laws.

California residents who suspect their phone calls have been recorded without consent by companies like Miele may be in a position to bring a call recording lawsuit against the offending company. A consultation with a knowledgeable attorney can provide them with an idea of their legal rights and options.

Join a FREE California Call Recording Class Action Lawsuit Investigation

If you live in California and you did not receive a warning when calling a toll-free number, your call may have been recorded in violation of California law, and you may be entitled to compensation. See if you qualify to file a California call recording class action lawsuit.

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2 thoughts onCalif. Requires Two Party Consent when Recording Customer Service Calls

  1. Dorina Aldo says:

    I eat at the cheesecake factory all the time it is right u the street from where I live … this I never knew this

  2. Dorina Aldo says:

    I eat at the cheesecake factory at least once a month … it is right up the street from where I live … un believeable..

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