Call recording laws in California require two party consent before a conversation can be legally recorded. This requirement applies to all residents and businesses operating in the state.
With very few exceptions, call recording laws in California require the consent of all parties before a conversation can be recorded for any purpose.
This is especially true for customer service calls which are often recorded for employee training purposes and customer satisfaction. However, a number of businesses have recently come under investigation for allegedly violating call recording laws in California.
Czech Airlines is one of these businesses. They conduct a number of customer service calls to customers on a daily basis. Czech Airlines is a European airline that provides numerous flights to different destinations in America and around the world and touts itself for its “flexible services” based on safety regulations and customer satisfaction.
As an airline, Czech Airlines regularly takes incoming calls from customers asking about different flight options or looking to confirm other details. During these conversations, the phone call may be recorded for a number of different reasons. If so, California law requires that consent must be given by both the representative and the customer.
Overview of Call Recording in California
Recording customer service calls is routine for many businesses, as it provides good examples for new employees and may be used to clarify any confusion from past interactions. But in order for this practice to be legal in California, the customer must give express consent in order to be compliant with call recording laws in California.
Consent for these customer service calls can be generally given in two ways, either by implied or express consent.
A person gives implied consent by staying on the line and continuing the conversation after being alerted to the fact that it may be recorded. This disclosure is often given in an automated voice at the beginning of the call and does count as complying with call recording laws in California.
Express consent is when the customer is asked to press a button on their dialer or say “yes” or “no” to signal whether or not they consent and that they understand their call may be recorded.
However, if customers are not given this disclosure or asked to give consent, the business is not complying with call recording laws in California.
California is one of the most restrictive states in the county with regards to consumer privacy protection laws. Businesses found to be in violation of call recording laws in California could face fines up to $5,000 per violation or three times the amount of actual damages suffered.
A class action investigation has recently been launched after numerous consumer complaints indicate companies operating in the state of California have violated this state privacy law. California residents who may have had their calls recorded without consent by Czech Airlines or any other company are encouraged to file legal action against the company in question.
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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