Companies Face Big Penalties for Recording Phone Calls Without Permission

Investigators are looking into whether companies like Miele have been recording phone calls without permission.

Miele is a German manufacturer that specializes in high-end domestic appliances. The company was founded by Carl Miele and Reinhard Zinkann in 1899, and has since been a family owned company. They are currently headquareted in Gutersloh, Ostwestfalen-Lippe, Germany.

Miele is among several companies whose phone call recording practices are now being investigated for compliance with California privacy laws.

California Law Prohibits Recording Phone Calls Without Permission

According to California’s call recording laws, California is a “two-party consent” state. This means that under the California Invasion of Privacy Act and specifically, Penal Code section 632, any party that is part of a conversation must have given their explicit consent to the recording of the call.

Unanimous consent is required from all parties even if there are more than two parties to the conversation. Otherwise, the recording is considered illegal.

The same law applies to eavesdropping as well as to recording phone calls without permission. The law specifically applies to any “confidential communication,” and thus is applied to a communication carried via telephone or any other electronic device.

In addition to the consent requirement, it is also illegal in California to record a conversation if both or one of the parties in the conversation are on a cordless or cellular telephone.

According to Penal code section 632 or 632.7, violations of the California Invasion of Privacy Acts are punishable by up to $2,500 or one year behind bars. Additionally, repeatedly recording phone calls without permission can be punishable by up to $10,000 per violation and a year’s worth of prison.

The law also provides for civil claims. Under Penal Code section 637.2., the laws says any person injured by a violation of the California Right to Privacy Act may sue the violator for damages up to three times worth of the damages actually sustained, or $5,000 per violation, whichever amount is greater.

Moreover, recording phone calls without permission and one that has already been recorded cannot be used as evidence in court or in an administrative proceeding.

In the establishment of the “two-party consent” law that was ascertained within the Kearney decision, it was also affirmed that,

Considering how easy it is to request and receive consent, it’s a wonder that any company doesn’t bother to do it. The company need only notify the other party that the call is being recorded, or that it may be recorded.

In a 2006 decision, the California Supreme Court said that “if a business informs a client or customer at the outset of a telephone call that the call is being recorded, the recording would not violate the applicable California statute.” If the other party continues the conversation, their consent to the recording is presumed.

Companies like Miele often record their service agent’s phone conversations in the interest of quality control. Many companies know to get consent for the recording from the other party, but some other companies apparently don’t bother.

If you’re a California resident who may have been a party to a phone conversation that was recorded without permission, you may be in a position to bring a privacy rights lawsuit. Consulting a knowledgeable privacy rights attorney can give you a good idea of all your legal options.

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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