By Kim Gale  |  March 1, 2018

Category: Consumer News

unwanted-autodialer-callsRecording phone calls illegally in California is a violation of the state’s strict privacy laws.

Whether a call is inbound or outbound, on a mobile phone or a land line, all parties on the line must give their consent before a call can be recorded.

If you called a business or were called by a business such as 99 Cents Only Stores and that call was recorded without your knowledge or permission, you could have a legal claim.

California is known as a two-party consent state, which means both parties on the line must give consent before a call starts to become recorded. Companies located in other states are bound by California’s privacy laws if they are speaking with someone who is in the state of California.

Many businesses have settled lawsuits for millions of dollars because they have faced charges of recording phone calls illegally.

Businesses Accused of Recording Phone Calls Illegally

Among companies currently under investigation for possibly recording phone calls illegally in California are:

  • American Airlines
  • AMF Bowling
  • British Airways
  • Czech Airlines
  • Fisher & Paykel
  • Malaysia Airlines
  • Miele
  • Pei Wei Asian Diner
  • TGI Friday’s
  • 99 Cents Only Stores

These companies are not necessarily physically located in California, but have possibly spoken on the phone with Californians who have not realized the conversations have been recorded.

The California Invasion of Privacy Act is meant to protect consumers from having their conversations secretly recorded. The consumer does not have to vocalize the words, “I agree to have this call recorded,” but does have to make a conscious decision to allow the recording.

If the California consumer makes a phone call and hears a beep that is universally known as the onset of a recording and chooses to stay on the call, they’re deemed to have granted implied consent by staying on the line and continuing the conversation.

Businesses don’t need to have malicious intent to be found guilty of violating California’s privacy laws. In fact, most businesses that record phone calls do so to coach their employees on ways to improve their customer service skills.

Some companies record calls in order to play the calls for new trainees to hear as examples of what to do and what not to do when on the phone with a customer.

No matter what the intent, though, recording phone calls illegally in California is not allowed.  Any business that violates the California privacy law by recording a call without permission can face damages of $5,000 per violation or three times the amount of damages incurred.

If you live in California and believe 99 Cents Only Stores or other businesses may have recorded phone calls without your permission, you could be eligible for compensation through legal representation.

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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