Recording Without Permission in California May Violate State Law

Czech Airlines is among a list of corporations that are being investigated for potentially recording without permission in California.

California is what is known as a “two-party consent” state. In two-party consent states, it is necessary to have the consent of both the caller and the recipient of a call prior to recording such interaction. Recording without permission in California is illegal, according to the California Invasion of Privacy Act (CIPA).

Investigation on Call Recording without Permission in California

Czech Airlines and other companies with inbound customer service lines don’t need to be headquartered in California to be caught recording without permission in California.

The laws in two-party consent states are the origin of the recorded message heard during most voice mail menus on customer services lines that state in effect, “this call may be recorded for quality control purposes.”

If a customer calling a business customer service line hears this message and continues to hold until a customer service representative comes on the line to help him or her, that customer is offering permission by default, or what is known as “implied consent.”

Unfortunately, the handful of companies being investigated for recording without permission in California are suspected of failing to present this recorded message to California-based callers. These companies’ representatives may also have failed to provide notification of the recording prior to recording the interaction.

Quality Control or Not?

Whether the recording of an inbound customer service phone call is in fact intended to be used for “quality control purposes” is subject to debate. It really doesn’t matter, as long as all parties to the conversation get notice of the recording.

If they hang-up, no permission is given, while if they wait until live-help comes on the line, permission is granted.

In addition to Czech Airlines, there are other airline or travel-related companies being looked into for this oversight. There are American Airlines-Lost Baggage, Cancelled Flight, Emergency Information Numbers, British Airways, and Malaysian Airlines. Non-travel companies under investigation are AMF Bowling, Fisher and Paykel, Miele, Pei Wei Asian Diner, TGI Fridays, and 99 Cents Only Stores.

What is Reasonable Expectation of Privacy?

California Invasion of Privacy laws were designed to protect the privacy of the state’s citizens. These laws are sometimes referred to as eavesdropping laws. They cover not only recording device but also amplification devices that assist someone trying to listen in on a conversation that might not be otherwise discernible with the naked ear.

The problem with the use of telephone and video recording devices as well as amplification devices is that, if those are necessary, it is likely the caller, call recipient, or conversant had a “reasonable expectation of privacy” when engaging in the conversation in question.

If, however, a third-party inadvertently walks in on a conversation in which private issues are clearly being aired to another and accidentally “eavesdrops,” they are not in violation of state law.

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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