Businesses May be Violating California Two Party Consent Law

A number of businesses, including Casino Royale of Las Vegas, may be violating California two party consent law against California residents.

California Two Party Consent Law

If you have been recorded when you called or were called while in California without first giving your permission, your right to privacy may have been violated. The company may have broken California two party consent law, which requires that all parties on a call must be informed if a call is being recorded, giving them a chance to opt out. If you’re a California resident who has bee subject to unconsented phone call recording, you may qualify to join a California call recording investigation.

The focus on California comes from California’s call recording privacy laws, which are far stricter in this state than at the federal level. California two party consent law is included as part of the California Invasion of Privacy Act. The law disallows businesses from recording a call without first obtaining consent from all parties on the call.

California Call Recording Practices

It is important to note that call recording as a whole is not banned under these regulations. In fact, it is quite a regular and legal practice for businesses to record calls to or from their customers, with those customers’ authorization.

In many cases, this is done to evaluate the performance of a company’s employees, often referred to as obtaining “quality assurance” information. This phrase may sound familiar to you. Businesses often use the phrase “quality assurance” to explain their call recording policies to customers.

It is essential that businesses include this or another type of warning so that everyone on the call is aware that it is being recorded, in keeping with the strict requirements of California two party consent law.

Giving customers warning also gives them a chance to opt out of the call. Of course, in many cases, these warnings are automated, and do not allow time for a person to say “yes” or “no,” granting or denying their consent for the recording. Simply staying on the line after such a warning is enough to indicate your consent. Conversely, hanging up fairly clearly indicates that you do not want your call to be recorded.

If you do not hear this warning or something similar but believe a call was recorded, the company may have violated California two party consent law.

Violations of California two party consent law can have serious consequences for companies. Businesses that do not follow the call recording laws of the California Invasion of Privacy Act may be penalized up to $5,000 per individual violation. Settlement payout from a lawsuit may be substantially more. Indeed, in some cases, violations of California two party consent law have led to settlement amounts of millions of dollars.

A number of companies may have call recording policies that violate California two party consent law. These companies may include Casino Royale, TGI Friday’s, Baja Fresh, and other businesses, which are currently under investigation.

If you are a California resident and your call was recorded by Casino Royale or another business, you may be able to seek compensation by participating in a California two party consent law class action lawsuit.

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.

Join Now