California Privacy Laws Prohibit Illegal Call Recording of Conversations

Pei Wei Asian Diner is among the companies under investigation for possible illegal call recording of conversations with customers.

California has specific laws that protect consumers from privacy violations, including illegal call recording. While some states insist only one person on the line needs to grant permission for a call to be recorded, the state of California dictates that all parties on the line must give permission.

The law stands whether the call is inbound or outbound and whether or not it is on a mobile phone or a land line.

Illegal Call Recording Law Has No Loopholes

Even though many businesses claim to record calls in order to provide training or improve customer service, California’s privacy laws still apply. Several violating companies have paid multi-million dollar settlements based on illegal call recording accusations.

Pei Wei Asian Diner is among the companies accused of recording customer calls without permission. If you have called Pei Wei Asian Diner to make a reservation, to check on their hours, or for any other reason, and illegal call recording was done, you could have cause for legal action.

Other companies that allegedly have violated California’s privacy rules include:

• AMF Bowling
• Baja Fresh
• British Airways
• Casino Royale (Las Vegas)
• Czech Airlines
• Malaysia Airlines
• Miele
• TGI Friday’s
• 99 Cents Only Stores

Companies located in other states or countries still must abide by California’s laws when the calls are connected with someone in California, where the right to privacy is considered an inalienable right.

The California Invasion of Privacy Act (CIPA) makes it unlawful for a business or person to record a conversation without the consent of all parties involved. California is called a “two-party” state.

You do not necessarily need to say the words, “I give consent for this call to be recorded.” If a mechanical voice or recorded voice indicates the call might be recorded for quality assurance or any other reason, and you stay on the line to continue the call, then you are giving implied consent for the recording to be done.

Illegal call recording only occurs if one of the parties is not aware of the recording or if one of the parties refuses to give consent to the recording.

A violation of the Privacy Act can translate to a fine of up to $2,500. The offending person or business can also be found responsible for civil liability up to $3,000 or three times the amount of actual damages that are incurred as a result of the infraction. Statutory damages can reach $5,000 for each violation of the law.

If you live in California and you made or received a call that was illegally recorded by Pei Wei Asian Diner or any other business or person, you could have legal recourse.

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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