Phone Call Recording May Violate California Penal Code 632

California has some of the strictest privacy laws in the country. In fact, California Penal Code 632 places misdemeanor status on recording phone calls without both parties’ agreement to do so.

Consumer advocates are investigation whether AMF Bowling or many other companies may have either unknowingly or intentionally violated California Penal Code 632 by not informing customers that their phone calls may be recorded.

Federal law outlines the right to privacy in regards to call recording as well. Federal law states that only one of the parties involved on a recorded phone call needs to be aware that the call is being recorded.

California law, however, is much more harsh. The state of California considers the right to privacy an inalienable right, as stated in its constitution. California Penal Code 632, the “eavesdropping law,” lays out what is legal and illegal when it comes to companies that record phone calls.

According to California Penal Code 632, anyone who, with intention, records confidential communication through a telephone or other type of recording device may be found guilty of Criminally Recording Confidential Communication.

Violation of California Penal Code 632, whether it be by a company like AMF Bowling or a private individual can come with serious consequences including a fine of $2,500 and up to one year in prison.

The call recording, however, to violate California Penal Code 632 must have all of the following elements present:

• The call recording must be proven to be intentional
• At least one party did not consent or give agreement to the call recording
• The conversation would be in an environment that would be assumed to be confidential.
• The eavesdropping was committed using some sort of electronic device including recording devices.

When a customer calls into a company like AMF Bowling, presumably for a customer service request, they do not expect to be recorded. If their call is recorded and they are not informed, this is considered a violation of California Penal Code 632.

Many times companies do record phone calls for “training” or other purposes. Often a prerecorded voice will come on the line and inform the caller that the phone call may be recorded. By staying on the line, the caller implies consent. In California, if the call is recorded under these circumstances, it is legal.

However, if a call is recorded without giving notice to a party to the conversation, that recording was likely made against the law.

Some customers of AMF Bowling have suspected that their calls were being recorded and they were not informed about the recording. In California, recording calls this way is illegal, and consumer advocates say companies who participate in this should be held liable.

If you have called into AMF Bowling or any other company and suspect your phone call was recorded illegally, you may be entitled to legal compensation.