Is TGI Fridays Recording Someone Without Consent in California?

TGI Fridays may have recorded phone conversations in California, where recording someone without consent is against the law.

In some states, only one party of a phone call needs to give permission for a phone call to be recorded. In California, all parties must give permission for a call to be recorded or it is a violation of the California Invasion of Privacy Act (CIPA).

TGI Fridays and other businesses often record customer service phone conversations in order to coach their customer service staff or to make suggestions in the way calls are handled. In California, both the employee and the customer on the other end of the line need to grant permission for any recording to take place.

Customers who placed a call to businesses that make a practice of recording someone without consent could be eligible for compensation through legal action.

The California Invasion of Privacy Act (CIPA) makes it unlawful for a business or person to record a conversation without the consent of all parties involved.  In other words, California is a “two-party” state.

If a business plays a recording that indicates calls may be monitored, that disclosure is considered the equivalent of saying a call may be recorded.

Consumers do not have to respond with words such as “I authorize you to record this call,” but if a mechanical voice or actual person alerts you that a call might be recorded and you choose to continue the conversation, you are giving implied consent to the recording.

Recording Someone Without Consent Has Repercussions in California

If found in violation of the Privacy Act, a fine of up to $2,500 is possible. The offending party can also be found responsible for civil liability up to $3,000 or three times the amount of actual damages that are incurred as a result of the infraction. Statutory damages can reach $5,000 per violation.

TGI Fridays could be subject to penalties like these if it has been recording someone without consent.

The California Supreme Court has ruled that merely recording a conversation is not necessarily criminal, but recording someone without consent is a crime.

California residents are protected by CIPA even if the offending recorded calls were made with out-of-state businesses. Some out-of-state business owners have attempted to claim that CIPA violates the Commerce Clause of the U.S. Constitution, but that argument has not held up because CIPA regulates only calls into California.

TGI Fridays operates more than 900 restaurants in 60-plus countries around the world. The company named Aslam Khan its new Chief Executive Officer in April 2017.

If you live in California and have called or received a call from TGI Fridays or any other company that you believe may have recorded your conversation without your permission, you should speak to a lawyer regarding your options for legal action.

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