TGI Fridays May Be Recording Phone Calls Without Consent

California has some of the strictest laws in the nation against recording phone calls without consent. The state’s wiretapping law is often referred to as a “two-party consent” law, under which it is illegal for any party to a telephone conversation to record that conversation without first getting the permission of both participants before doing so.

There is a total of about 11 out of 50 states that can be considered “two-party consent” states, but the clear majority of lawsuits for recording phone calls without consent come from the state of California.

California penal code 632 – the wiretapping law – comes with stringent consequences should individuals or businesses fail to adhere to its stipulations. Each violation can cost $5,000 and, if the alleged injured party – the participant to the conversation who feels they were hurt by the recording – can prove damages in court, the fine may be up to three times the damages assessed.

This is a hefty price tag for a business to pay for their oversight. Several businesses are currently under investigation in California for recording phone calls without consent.

These businesses may not have offered the recorded caveat that they intended to possibly record a conversation “for quality-control purposes” on their business customer service 1-800 lines.

Among these businesses is the highly-rated restaurant, TGI Fridays, a popular chain founded in the mid-sixties in New York City. The other businesses being scrutinized for allegedly recording phone calls without consent are:

• AMF Bowling
• AeroMexico
• Baja Fresh
• Casino Royale (Las Vegas)
• Miele
• Teva
• 99 Cents Only Stores

What Constitutes Recording Phone Calls Without Consent

On customer service lines, it should be noted that there is a concept known as “implied consent” that is applicable.

Implied consent essentially means that if a pre-recorded warning is provided to the customer that the possibility of recording the phone call exists, the customer is obligated to hang up if they do not agree to the recording. Staying connected to the telephone call and working through the menu of services implies consent to the recording.

The California wiretapping law regarding recording phone calls without consent applies not just to inbound customer service lines, but also to outbound calls of any kind. They also apply to individuals and not just businesses.

California’s wiretapping law comes from its proud history of protecting citizens from invasions of privacy. This law is well-known and is largely the reason businesses have the pre-recorded caveat about recording phone calls for quality-control purposes. Persons who believe their phone calls were recorded by TGI Fridays or other businesses may have grounds for a privacy rights lawsuit.

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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