Call Recording May Unknowingly Violate California Invasion of Privacy Law

When you call a customer service phone number and hear a voice alert you that the call might be recorded, that business is complying with the California invasion of privacy law.

However, if companies such as AMF Bowling or any other business record a call without the permission of everyone involved, that company may be in violation of California Penal Code Section 632.7.

This California invasion of privacy law makes it illegal to intentionally record any phone communication without the consent of all parties on the line. The recording of the call does not need to be made with any ill intent to be found in violation of the law.

Companies found liable for violating the phone call recording laws in California can be held responsible for damages of $5,000 per violation or three times the amount of damages incurred. Multi-million dollar settlements have been reached with companies found in violation of the call recording law.

AMF Bowling, Other Companies Investigated

Several companies, including AMF Bowling and others, are suspected of recording phone conversations with California residents without their permission. Even if a company had no plans to use recordings for any unlawful activity, making the recordings without the person on the other end of the line knowing and giving permission for the recording, otherwise known as two-party consent, violates the California invasion of privacy law.

Why would AMF Bowling or any other company record your phone call? Many businesses record customer service phone calls in order to train their employees, improve customer service skills or evaluate the customer service performance of employees. If a call is used for training purposes, the recording can be broadcast for classes of new employees. In any case, both the employee and the customer have to provide consent before the phone call is recorded.

The customer does not need to give out-loud consent to the recording.  If a live or automated voice indicates the call will be (or might be) recorded and the customer chooses to stay on the line and allow the call to proceed, then the customer has given implied consent for the call to be recorded.

The California Public Utilities Commission General Order 107-B(II)(A)(5) also allows a legal recording to be made if a beep noise alert is heard before a call’s recording starts. The beep is considered a universal signal that a recording has begun. Simply staying on the line to allow the call to continue is considered implied consent.

In addition to AMF Bowling, these other companies are suspected of violating the California invasion of privacy law:

• Pei Wei Asian Diner
• Miele
• TGI Friday’s
• 99 Cents Only Stores
• Malaysia Airlines
• Czech Airlines
• British Airways
• Baja Fresh
• American Airlines

If you live in California and you believe your rights under the California invasion of privacy law were violated, you could be eligible for compensation through legal representation.

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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