Phone Call Recording Laws Prohibit Secret Recording in Calif.

California phone call recording laws prohibit calls from being recorded without permission. Consumer advocates are investigating whether Pei Wei Diner and several other businesses have been ignoring this important privacy protection.

Companies are not allowed to record any phone call without the customer giving consent prior to the recording. Even if the company itself is located outside the state of California, the state’s phone call recording laws may still apply.

Businesses that have violated the law have paid millions of dollars to settle call recording violation lawsuits.

California’s state constitution considers the right to privacy to be an inalienable right. As technological advances have been made, the state has passed additional laws to ensure its citizens have protected privacy rights.

In some states, laws allow calls to be recorded if only one person on the phone gives permission. In California, a recording approved by only one person on the line is considered a secret recording, and it could be a violation of the California Invasion of Privacy Act.

Phone Call Recording Laws Created for Citizens

California’s phone call recording laws are designed to protect the privacy of all citizens in the Golden State. The laws apply whether you are making the call or receiving the call.

Some companies record customer service phone calls in order to train their employees, improve customer service skills or evaluate the customer service performance of employees. Even in those cases, the employee and the customer have to provide consent before the phone call is recorded.

The customer does not need to say anything such as, “I allow this call to be recorded.” If a live or automated voice indicates the call could be recorded and the customer chooses to stay on the line and allow the call to proceed, then that customer has given implied consent for the call to be recorded.

Pei Wei Asian Diner Falls Within Call Recording Class Action Investigation

A class action investigation is now looking into whether certain businesses have been violating California phone call recording laws. Pei Wei Asian Diner is among the businesses that advocates suspect may have been recording customer phone calls without proper authorization. Other businesses under investigation include:

• Miele
• TGI Friday’s
• 99 Cents Only Stores
• Malaysia Airlines
• Czech Airlines
• British Airways
• Baja Fresh
• AMF Bowling
• Casino Royale (Las Vegas)

Businesses that are found liable for violating the phone call recording laws of California could be held responsible for damages of $5,000 per violation or three times the amount of damages incurred.

If you have been in California and believe that phone call recording laws have been violated in one of your conversations, you could have legal recourse.  Businesses cannot invade your privacy by secretly recording your calls, even if the intent is not to do you harm.

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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