Companies that Record Phone Calls Might Break California Law

When companies record phone calls without your permission in California, the offending businesses are in violation of the law.

California is a “two-party consent” state, which means that both parties on the line must provide consent before phone calls are recorded.

Some businesses, such as 99 Cents Only Stores, might record phone calls so that supervisors or trainers can listen and provide coaching to their telephone representatives. Even in this situation, both parties must give consent before the call can begin to be recorded.

In some instances, businesses record phone calls that are heard over and over again in training situations. Companies with call centers often record phone calls that are subsequently broadcast to classes of newly hired telephone representatives who listen to examples of the types of calls they are apt to encounter. Instructors might indicate how the call could have been handled better or more appropriately.

Businesses that Record Phone Calls Could Face Penalties

Companies such as 99 Cents Only Stores are prohibited from starting to record phone calls if a consumer has not provided consent.

That consent does not need to include the consumer actually saying the words, “You may record this call.” Consent is considered given if an automated voice warns that calls could be recorded or if an audible beep is heard upon the call being connected.

Although the California laws appear straightforward, many companies have paid settlements in the millions of dollars because of violations when they record phone calls without permission.

The law protects those in California whether it is an incoming call or an outgoing call, and even if the company is located in another state.

In addition to 99 Cents Only Stores, a number of other companies might have violated consumers’ privacy rights by recording conversations without securing permission:

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

California protects citizens’ privacy because in California’s Constitution, the right to privacy is deemed an inalienable right. As technology advances continue to increase, California’s laws have not fallen behind.

The California Invasion of Privacy Act exists to protect consumers from businesses that record phone calls without prior consent. Any business that violates California law by recording a call without permission could be held liable for damages of $5,000 per violation or up to three times the amount of damages incurred.

If the 99 Cents Only Stores or any other business did record phone calls you made or received, but you did not know the call was being recorded or you did not provide permission, 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.

Join Now