Without Permission, It Can Be Illegal to Record Phone Calls in California

Fisher and Paykel is among a handful of businesses currently under investigation for allegedly failing to ask permission prior recording customer service calls coming into their business support line.

Fisher and Paykel is a worldwide company specializing in the development, manufacturing, distribution and sale of kitchen and laundry appliances such as ranges with cooktops, built-in and microwave ovens, refrigerators, freezers, and clothes washers and dryers.

Companies are learning that it is illegal to record phone calls in California without getting permission from both parties to a call.

California is one of eleven states known as two-party consent law states. In these states, it is illegal to record phone calls without the permission of everybody involved in the conversation beforehand. The other states with similar two-party consent laws are Florida, Illinois, Maryland, Massachusetts, Michigan, Montana, Nevada, New Hampshire, Pennsylvania and Washington.

Because of these laws, the vast majority of customer service lines have pre-recorded caveats as part of their voice mail systems.

When a customer calls into the line and hears that their phone call ‘may be recorded for quality control purposes’, they are given an ‘out’ to terminate the call if they do not wish this to happen. This concept is known as ‘implied consent’.

Sometimes, this pre-recorded warning of intent to possibly record fails, so many businesses follow this up with having their customer service representatives ask permission to record when they come on the line with the customer live. Without this consent, its illegal to record phone calls in California.

In addition to Fisher and Paykel, other companies that are allegedly failing to get necessary consent prior to recording are 99 Cents Only Stores; American Airlines—Emergency Information, Lost Baggage Lines; AMF Bowling, British Airways, Czech Airlines, Malaysia Airlines, Miele, Pei Wei Asian Diner, and TGI Friday’s.

What is Wiretapping Law?

Its illegal to record phone calls in California because of the State’s ‘wiretapping’ law, Penal Code 631 PC. This penal code—part of California’s Invasion of Privacy Act—refers to using hidden, electronic means to break into and listen to telephone conversations between two parties without their knowledge or permission.

This is known as wiretapping and is typically seen to be the element of law enforcement stings rather than a more pervasive threat.

The wiretapping law draws a clear line between an unauthorized electronic physical intervention in a communication system or conversation such as a ‘bug’ and just overhearing two people talk accidentally with no invasive intent or additional equipment. Where one is deliberate interception, the other is coincidental and not an invasion of privacy.

Its important to realize that it is illegal to record phone calls in California without consent, regardless of who initiated the call. The same rules apply to outbound and inbound calls and it doesn’t matter whether the company is headquartered in the State or not.

If the company is calling a resident or even a visitor in California and they do not seek permission prior to recording, they are potentially in violation of this statute. If a California resident or visitor is calling a business customer service line and attempts are made to record the conversation without consent, the company may also be in violation.

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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