Recording Telephone Calls Requires Consent in California

Recording telephone calls is illegal in some states unless all parties involved in the conversation consent to the recording. This is true for businesses operating in the state of California, which must gain the consent of consumers before recording telephone calls for any reasons.

AMF Bowling and other companies, however, may have been failing to get consent before recording telephone calls with consumers. California is one of the most progressive states in the country regarding consumer protection laws, requiring businesses like AMF Bowling and other companies to get two-party consent before any call recording.

According to the company’s website, AMF Bowling Company is the largest owner and operator of bowling alleys in the world. AMF Bowling has been around since the 1940s and operates a number of facilities in California and around the United States, hosting events and bowling leagues.

AMF Bowling can either place calls to customers or receive them regarding inquiries or reservation confirmation, each of which could be potentially recorded. For many companies, recording telephone calls for customer service training is a common practice.

However, recording telephone calls could be in violation of California law if the company does not disclose its call recording to customers. Businesses who fail to give notification of potential call recording could face serious fines or other repercussions.

Overview of California Call Recording Law

Under the California Invasion of Privacy Act (CIPA), recording telephone calls is legal as long as all parties involved give consent. This means that, with very few exceptions, recording telephone calls is considered illegal without disclosure or consent.

Companies operating outside of the state of California are not exempt and must also gain consent before recording telephone calls. Companies can do this by disclosing the fact these customer service calls may be recorded at some point in the conversation, which is often in an automated voice at the beginning of the call.  After disclosing the call, companies must ask the consumer to indicate some form of consent by either staying on the line or pressing a key on their dialer.

It is important to note that under California privacy laws, staying on the line after such a notice implies consent. Companies that are found to be in violation of this state law can face financial penalties of $5,000 per illegal call recording incident.

Even though recording telephone calls is common for businesses to conduct for employment training and customer satisfaction purposes, it is still illegal if they do not disclose in certain states. Consumers who wish to file legal action for California call recording violations should keep extensive records of telephone conversations including: date and time, summary of call, and whether or not a notice was given of potential call recording.

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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