The Malaysia Airlines phone number to reach customer service is suspected of violating California call recording statutes by failing to warn callers of the intent to record interactions with customer service representatives.

The Malaysia Airlines phone number is certainly not alone if it isn’t taking this vital step, but the vast majority of businesses are so hyper-aware of the legal implications of two-party states that we have become accustomed to hearing the now-familiar pre-recorded warning: “This call may be recorded for quality-control and/or training purposes.”

What is a Two-Party State?

California, as well as 11 other states in the U.S., are identified as two-party states. In two-party states versus one-party states, all participants to a phone call must agree prior to having that conversation recorded.

The Malaysia Airlines phone number, like so many other businesses with customer service lines, could address this issue very easily—if they haven’t already—by adapting their voicemail system to have the above prerecorded message play while customers wait to speak with a human representative on the line.

How does the Pre-Recorded Warning Operate as Permission?

Many would wonder how this pre-recorded warning would be an adequate substitute for a caller’s affirmative consent. The answer to this is a concept known as “implied consent.”

When a caller hears the message and chooses to stay on the line, he or she has given their permission by not hanging up. Consent is implied without anyone every actually agreeing or saying yes.

Many other business customer service lines follow-up their pre-recorded caveats for additional legal protection by training their customer service representatives to ask if they may record the conversation. From the business viewpoint, this redundancy is vital in a world where even advanced technology can sometimes fail.

What is the Spirit of the Law?

The State of California call recording law is part of its long history of protecting the privacy of its citizens. In this state, the right to privacy is considered an inalienable right and held with very high regard.

Because state citizens are accustomed to this value, they are also more educated and aware when they see it violated. In addition to the alleged violation of California call recording law by management of the Malaysia Airlines phone number, other companies under investigation are:

• 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
• Romano’s Macaroni Grill
• Tupperware

It is important to note that the law applies to both inbound and outbound telephone calls. So, whether you are a customer residing in California and calling a company customer service line elsewhere or are a recipient of a business telephone call, getting your permission is essential.

By statute, violators of California call recording law may be subject to large fines of up to $5,000 per incident or three times the amount of damages suffered by the caller or recipient of the call.