How California Call Recording Laws Protect Consumers

Companies such as Pei Wei Asian Diner may be in violation of California call recording laws if they record customer calls without warning or consent.

When making calls or receiving calls, most consumers operate under the reasonable assumption that their privacy is secure and that their information is not being recorded. Most businesses will include a message before the call that a call is being recorded to alert consumers that what they say will be recorded.

However, if a business does not notify consumers that their calls are recorded and proceed to record anyway, they may be in violation of California call recording laws.

California has a multitude of state laws in place to protect the privacy rights of its citizens. In the California Constitution, the right to privacy is considered an inalienable right. Laws have been passed to protect California citizens from privacy breaches online, in person and through technology.

The California Invasion of Privacy Act was enacted in 1967 and is the primary legislation that protects California citizens from invasion of privacy via technological means.

California call recording laws make it illegal for any person or business to record telephone calls without the consent of all parties on the call.

The laws apply for both inbound and outbound calls. California law prohibits “maliciously and without the consent of all parties to the communication, [intercepting], [receiving], or [assisting] in intercepting or receiving a communication transmitted between cellular radio telephones or between any cellular radio telephone and a landline telephone.”

Similar statutes are in place for communication between two landlines, and two cell phones.

Companies that may have violated California call recording laws include: airline companies such as American Airlines, British Airways, Czech Airlines, and Malaysia Airlines; businesses such as AMF Bowling, Fisher & Paykel, Miele, and 99 Cents Only Stores; and restaurants such as Pei Wei Asian Diner and TGI Friday’s.

These companies are being investigated to see if they have violated California call recording laws and if their customers are entitled to compensation.

Businesses often try to justify recording customer service phone calls with claims that the recording is for training purposes or improving customer service. In California, all parties must consent to the recording of a phone call for the recording to be legal.

Under California call recording laws, staying on the line after a recording warning has been states qualifies as consent. However, if no warning is given to customers, they have no way to consent.

Several companies have paid multi-million-dollar settlements for violations of California call recording laws. Lawsuits for violations under California call recording laws are typically filed by consumers of big businesses whose calls were recorded illegally without their consent.

Businesses named in call recording lawsuits typically include banks and retailers. Businesses that violate California call recording laws may be subject to damages of $5,000 per violation or three times the amount the of damages suffered.

If you live in California and did not receive a warning when calling or receiving a call from a toll-free number, for businesses such as Pei Wei Asian Diner, your call may have been recorded and you may be entitled to compensation under California call recording laws. Compensation may be available for damages, violation of privacy, and more.