California Two Party Consent Required for Call Recording

When placing a call to a customer service number, most of us have been told by a voice recording or by a live representative that are call may be monitored or recorded for quality assurance purposes.

This is a very common practice for businesses who may not only use the recording for quality assurance but may also use recordings to train customer service representatives and for other reasons as well.

California Two Party Consent

Czech Airlines and all businesses who place or receive calls from California customers must obtain California two party consent before recording phone calls. This means that a call placed to a California resident or received from a California resident may not be recorded unless the California resident has consented (along with the business) to the recording of the phone call.

California two party consent does not have to be a direct, affirmative consent with the party being recorded having to say that they give the company permission to record phone call. Implied permission still counts as to party consent in California. This means that if a customer is notified that the call will be recorded and the customer chooses to stay on the line, permission is implicitly given.

If a California consumer wishes not to be recorded, he or she may simply hang up and withdraw consent from being recorded.

California has a strict policy on obtaining California two party consent, while many other states do not have such a requirement and calls may be recorded by one party without the knowledge of another party. The rules of California to two party consent apply not only to businesses, but to individuals as well, as do the rules in other states.

A number of companies have been accused of neglecting to obtain California two party consent when recording the phone calls of California residents. Following consumer concern, lawyers have been investigating the practices of various companies such as Czech Airlines to ensure that proper protocol is being followed and that consumers are not having their privacy rights violated

If a company has been found to have recorded a Californian’s call without consent, the company may have violated the California Invasion of Privacy Act (CIPA) and could be responsible for damages related to the violation.

Businesses who have been found to have violated CIPA may have to pay up to $5,000 per each violation. If, as a result of the violation, actual damages occurred, the individual whose privacy rights have been violated may seek up to three times the amount of actual damages suffered. For businesses unlawfully recording phone calls, these damages can quickly add up to a large sum of money.

If you are a California resident and you were not made aware that a phone call by a company, including Czech Airlines, was recording you without your permission, you may be eligible to take legal action.

Attorneys are currently investigating the call recording practices of a number of companies and individuals who may have had their privacy rights violated should take advantage of a free legal consultation to determine a further course of action.

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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