Recording Phone Calls Without Permission Could Violate California Penal Code 632

If you have had a phone conversation taped by TGI Friday’s without your consent, the company could be in violation of California penal code 632.

The California Invasion of Privacy Act prohibits the intentional taping of a conversation without the consent of all parties. A violation of this law can result in a fine of $2,500 per violation. Statutory damages can be $5,000 per violation. If the business or person has a previous conviction for this same violation, the punishment could reach $10,000 per violation.

Under California Penal Code 632, the recording restrictions apply to both inbound and outbound calls. If a company called you while you were in California and recorded the call without your consent, California believes your privacy rights could have been violated.

Companies Need to Know California Penal Code 632

Even companies that are located in other states must follow California’s laws if the person on the other end is in California. Multi-million dollar settlements have been reached regarding violations of California penal code 632.

Among the businesses in addition to TGI Friday’s that are currently under investigation for possible violations:

• American Airlines: Lost Baggage, Cancelled Flight, Emergency Information Numbers
• AMF Bowling
• British Airways
• Czech Airlines
• Fisher & Paykel
• Malaysia Airlines
• Miele
• Pei Wei Asian Diner
• 99 Cents Only Stores

These companies are suspected of secretly recording calls with their customers. A warning must be given before a recording can begin so that the person on the other end can opt out of the call if desired. The warning can be a simple beep that we associate with the beginning of a recording. The warning also might be a recorded voice or a live person who indicates the call might be recorded.

In response, the customer does not have to actually state they are okay with the call being recorded. Staying on the line and continuing the conversation after the warning has been given is proof of consent.

Why would a company record a phone call? Some businesses with large customer service centers record calls to review them with their employees and offer tips on how to improve customer service skills. Oftentimes, these recorded calls are given a “score,” based on how well the customer service representative handled the call, if the issue was resolved, if the representative sounded friendly and if the representative followed company protocol.

No matter what the intention, a company cannot record a call in California without the consent of all parties. Any secret recording would be in violation of California penal code 632.

Some other states allow a call to be recorded if only one person on the line grants permission. California is known as a “two-party” state because both parties must give consent.

If you have had a call recorded in California without your permission, you could have legal recourse if the business is found in violation of California penal code 632.

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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