Companies Investigated For Possibly Illegally Recording Telephone Calls

Several companies are being investigated for allegedly illegally recording telephone calls without providing consumer consent or warning.

Some of these alleged California call recording violations may have been committed by companies such as TGI Friday’s. Recording laws in California make it illegal to record telephone calls without the explicit consent and approval by the consumer.

Companies that are suspected of violating California call recording laws include:

• Malaysia Airlines
• American Airlines: Cancelled Flight, Emergency Information Numbers, and Lost Baggage
• AMF Bowling
• Czech Airlines
• British Airways
• Miele
• Fisher & Paykel
• TGI Friday’s
• 99 Cents Only
• Pei Wei Asian Diner

If you called a company or were called by a company and you did not hear a warning announcement that the call was being recorded, the company may have violated California call recording laws. These calls apply to both outbound and inbound calls. Additionally, recording telephone calls without obtaining consumer consent can be a violation of California law and other consumer privacy rights may have been violated.

Overview: Recording Telephone Calls

Several different companies have allegedly violated consumer privacy rights by recording telephone calls without the explicit consent of the consumer. Under California law, companies are not authorized to record calls without the knowledge of its customers.

California is a “two-party consent” state. This means that under the California Invasion of Privacy Act, Penal Code section 632, recording telephone calls is illegal unless all parties to the conversation have given their explicit consent to the recording.

In fact, the law can be applied to any “confidential communication.” Thus, it may be applied to communication carried via telephone or any other electronic device.

According to Penal code section 632 or 632.7, violations of the California Invasion of Privacy Acts is punishable by up to $2,500 or one year behind bars. The law further maintains that 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 sustained, or $5,000 per violation, whichever amount is greater.

By being a “two-party consent” state, the law further protects Californians from recording telephone calls violations by persons outside of the state. This concern was made evident and resolved in a California Supreme Court decision in 2006.

The Court determined that California’s “two-party consent” law took precedence over Georgia’s law. The Court commended California for continuing to take a solid interest in protecting its residents’ privacy that would have otherwise been impaired.

The law affirms that, as a “two-party consent” state, if a company such as TGI Friday’s informs a customer at the beginning of the call that the call is being recorded, the telephone call recording would not be a violation of the California statute.

However, recording telephone calls without a customer’s consent and knowledge is a violation of the California Invasion of Privacy Act.

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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