Due to reports of violations of possible unlawful call recording in the state of California, a class action lawsuit investigation is currently in action seeking residents who may have been recorded without warning or consent. Several companies are being looked into, including Czech Airlines.

According to unlawful call recording laws in California, it is illegal to record any telephone calls without the explicit consent of all parties or persons involved. The law involves both inbound and outbound calls.

It is a clear violation of unlawful call recording laws and privacy rights will have been violated if a telephone conversation was recorded without warning or consent.

California Unlawful Call Recording

There is suspicion that several companies have violated consumer privacy rights through their unlawful call recording acts done without the explicit consent of the consumer. These companies include the following:

• American Airlines: Lost Baggage, Cancelled Flight, Emergency Information Numbers
• British Airways
• Cannondale Bicycle Corporation
• Czech Airlines
• Dermalogica
• Fisher & Paykel
• Harman Audio
• Hunter Boots
• JBL Audio
• Malaysia Airlines
• Romano’s Macaroni Grill
• Tupperware

The California wiretapping law, Cal. Penal Code 632, is a “two-party consent law” explicitly stating the requirement for all parties involved in a call to provide prior consent to any call recording.

In fact, according to California’s Constitution, the right of consumer privacy is an inalienable right. All parties include employees for companies which must also explicitly approve the telephone recording. If a warning announcement of a call recording is made prior to the call, anyone who remains on the line provides consent for the call recording.

It is often the case to hear these warning announcements being made, and companies and businesses often warn about recording calls for quality assurance purposes, to train new employees and improve customer service.

The California wiretapping law also prohibits eavesdropping to telephone conversations. Violations of the California Invasion Privacy Act, which may have been committed by several companies, including Czech Airlines, may lead to damages of $5,000 per violation or three times the amount worth of damages sustained, whichever is greater.

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.

There is long-standing history for the state of California to protect its citizen’s privacy rights through the enactment of its laws. Laws have also been passed in the state of California to keep up with the advent of new technologies, thereby addressing concerns for consumer privacy.

The failure to receive an individual’s or party’s consent to a telephone recording is a violation of the California Invasion Privacy Act. An individual or party who makes or receives a call within the state of California from a company, business, or individual, must obtain the parties and persons consent to a call prior to any recording.

If you reside in California and failed to receive a warning prior to the recording of a telephone conversation, your call may have been recorded in violation of California law, entitling you to compensation and damages.