Investigation Looks into Violations of California Recording Laws

A class action lawsuit investigation is looking into allegations of possible violations of California recording laws carried out by several companies such as American Airlines.

California recording laws makes it illegal to record any telephone calls without the explicit consent of all parties or persons involved. Both inbound and outbound calls qualify under California recording laws.

For any inbound and outbound calls, such as to and from a company, if a telephone conversation was recorded without the consent or warning that the call was being recorded, it is clear violation of the law and privacy rights may have been violated.

California Recording Laws

Several companies may have violated consumer privacy rights by recording telephone conversations without the explicit consent of the consumer. Some of these companies include:

• American Airlines: Lost Baggage, Emergency Information Numbers, Cancelled Flights
• British Airways
• AMF Bowling
• Fisher & Paykel
• Miele
• TGI Friday’s
• 99 Cents Only Stores
• Czech Airlines
• Pei Wei Asian Diner
• Malaysia Airlines

California is known to have a long-standing policy interest in protecting its citizens’ privacy rights through its laws. Phone call recording laws in California offer protection and make it illegal for businesses and companies to record consumer telephone calls without a consumer’s explicit consent and agreement.

Without providing consumer warning of a telephone recording a company may have violated a consumers’ rights.

In fact, according to California’s Constitution, the right of consumer privacy is an inalienable right. Additionally, with the constant unveiling of new technologies, laws have been passed to keep up and address concerns for consumer privacy.

Not receiving an individual’s consent to a telephone recording is a violation of the California Invasion of Privacy Act. Accordingly, any person who makes or receives a call within the state of California from a company, business or individual, must obtain all parties and persons present in the conversation’s explicit consent before a call can be recorded.

You may often hear business or companies warn of the recording for telephone conversations for quality assurance purposes, such as to train new employees or improve customer service. Different states also differ in their telephone recording laws.

While one state may only require the consent of the employee present in the telephone conversation, other states, such as California, require the consent of all parties involved. As such, both the customer and employee must explicitly approve to the telephone recording.

Businesses like American Airlines may give consumers an audible notice that the call they’re participating in may be recorded. A notice like this is adequate to get consent, as staying on the line after the notice is given means consent is implied.

The California wiretapping law, Cal. Penal Code 632, is a “two-party consent law” that makes clear that explicit consent for all parties involved in a conversation must be given prior to any recording. The law also makes it a crime to eavesdrop on a telephone conversation.

Any possible violations to the California Invasion Privacy Act may lead to damages of $5,000 per violation or three times the amount worth of damages sustained, whichever is greater.

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