Call recording laws in California are more restrictive than in many other areas of the U.S. The west coast state is among nearly a dozen whose call recording laws identify them as “two-party consent” jurisdictions.

In California as well as Connecticut, Florida, Illinois, Maryland, Massachusetts, Michigan, Montana, Nevada, and New Hampshire, the law stipulates that both the initiator and receiver of a call must give their permission before a recording of the interaction can take place.

It doesn’t matter whether the California-based call participant dialed or picked up the phone—this two-party consent is a vital part of the state’s historical commitment to protecting the privacy of its citizens, particularly at the hands of evolving technology. Call recording laws are part of the California Invasion of Privacy Act (CIPA).

Customer service telephone lines like the one established by the Tupperware Company may sometimes violate two-party call recording laws. That said, we have all become accustomed to hearing the famous pre-recorded voicemail message:

“This call may be recorded for quality control or training purposes”

This message is an attempt to address the legal requirements of two-party states and is frequently followed up with a customer service agent asking permission once the initiating caller is engaged. Reports from privacy-savvy citizens have indicated that this step is—at least on occasion—not taken by Tupperware and several other businesses. Among those businesses are:

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

The pre-recorded message that is allegedly lacking in some cases with these businesses could legally protect them through the concept of implied consent. By offering the warning ahead of the actual conversation, a caller has the option to hang up and not continue pursuing contact. If however, the caller stays on the line, they are giving their consent to be recorded by remaining engaged.

Statutory ramifications for Tupperware and these other businesses that might be failing to get the recording permission specified in call recording laws can be steep. As CIPA was originally written, infractions in this area were punishable by a penalty not exceeding $2,500 per incident. This has changed, however. The legislature voted in a statutory penalty that doubled this amount to $5,000 per incident or three times the amount of suffered damages.

California citizens are, on the whole, more aware of privacy issues because of the state’s historical commitment to them. When class action lawsuits against violating businesses that choose to ignore this statute are filed, the aggregate fines can be so extensive the message to them becomes fast and clear.

Have you or a loved one called a customer service support line and had your transaction recorded without the company first seeking permission? You may be able to hold that company accountable.