Consumer advocates suspect that California consumers who have called a Fisher and Paykel phone number in recent years may have been exposed to possible consumer privacy right violations through unlawful call recording practices.

The state of California has call recording laws that makes it illegal for any party on a call with a Fisher and Paykel phone number to record calls without the consent of all parties involved. Both inbound and outbound calls are included making California a so-called “two-party consent” state.

Companies suspected of possibly violating California call recording laws may include the following:

• American Airlines (Lost Baggage, Emergency Information Numbers, and Cancelled Flights phone numbers)
• British Airways
• Cannondale Bicycle Corporation
• Czech Airlines
• Dermalogica
• Fisher and Paykel
• Harman Audio
• Hunter Boots
• JBL Audio
• Malaysia Airlines
• Roman’s Mararoni Grill
• Tupperware

Overview: California Call Recording Laws

The California wiretapping law, Cal. Penal Code 632, is a “two-party consent law” explicitly requiring consent for all parties involved in a call.  Violations of the California Invasion of Privacy Act may lead to damages of $5,000 per violation or three times the amount worth of damages sustained, whichever is greater.

In California, recording telephone calls without a consumer’s consent is a violation of the consumer’s privacy rights and phone recording laws. Fortunately, California makes it illegal for businesses, individuals, and even consumers to record and become recorded without their consent.

Consumer privacy, under California’s Constitution, is an “inalienable right.” When a consumer makes a call to a business or company, and prior to when a call is picked up, a warning announcement is made advising of a possible call recording. Often, a company will want to record a call to offer quality assurance and to train new employees or improve customer service. However, not only is the consent by a consumer required, but also the employee who works for the company and is included in the call recording must agree as well.

California is well known for its long history of protecting the privacy rights of its citizens through its laws. The right to privacy is explicitly stated in California’s state constitution. Moreover, with the constant advent and production of new technology in recent years, California continued to protect its citizen’s rights by passing new laws to address any privacy violation issues. California adamantly protects and prohibits the telephone call recordings without a clear warning to all parties involved in the call.

California’s “two-party consent” law was addressed under a Supreme Court decision in 2006. Under the decision, the Court determined that California’s two-party consent law took precedence over Georgia’s one-party consent law. The Supreme Court held that “California law should apply in determining whether the alleged secret recording of telephone conversations [between an out-of-state party and a California party] … constitutes an unlawful invasion of privacy.”

The court determined that recording telephone calls between a brokerage firm in Georgia and clients in California could not be recorded without the consent of both parties, regardless of where the original call was coming from.

If you are a resident for the state of California and failed to receive a warning announcement advising of a call recording, your rights may have been violated entitling you to damages and compensation.