Consumer advocates are concerned that Drs. Foster & Smith may be recording calls without consent, thereby violating California call recording laws.

California has some of the strictest privacy laws in the country, with the right to privacy considered an inalienable right under the state’s constitution. Several laws are in place that protect California citizens from the illegal recording of phone calls. These laws include the California Wiretapping Law and the California Invasion of Privacy Act.

The California Wiretapping Law is one of the recording laws that protects the state’s consumers from eavesdropping parties. The act is a “two-party consent” law and makes it illegal to record any confidential communication without the consent of all parties to the communication. This applies to both in-person conversations and telephone calls.

According to Digital Media Law Project, “If you are recording someone without their knowledge in a public or semi-public place like a street or restaurant, the person whom you’re recording may or may not have ‘an objectively reasonable expectation that no one is listening in or overhearing the conversation,’ and the reasonableness of the expectation would depend on the particular factual circumstances. Therefore, you cannot necessarily assume that you are in the clear simply because you are in a public place.”

Most consumers do not file California call recording lawsuits under this law. Instead, many consumers bring their claims under the California Invasion of Privacy Act. This act was specifically passed to protect consumers from technological advances that enable recording calls without consent.

“[A]dvances in science and technology have led to the development of new devices and techniques for the purpose of eavesdropping upon private communications and … the invasion of privacy resulting from the continual and increasing use of such devices and techniques has created a serious threat to the free exercise of personal liberties and cannot be tolerated in a free and civilized society,” the California law reads. “The Legislature by this chapter intends to protect the right of privacy of the people of this state.”

Under the California Invasion of Privacy Act, businesses must gain the consent of all participating parties before recording phone calls. If businesses are found recording calls without consent, they may face fines of up to $2,500 under the law.

Businesses suspected of being in violation of the California Invasion of Privacy Act include: Dermalogica, Swarovski, Drs. Foster & Smith, Mears Transportation Group, Romano’s Macaroni Grill, Southwest Rapid Rewards line, United Airlines PetSafe line, Cannondale Bicycle Corporation, and Czech Airlines.

These businesses are currently under investigation by attorneys who aim to determine whether or not they have recorded calls without consent. Should these businesses be found in violation of California law, they may be face legal action.

California call recording lawsuits may result in massive settlements. Recently, Twilio agreed to pay $10 million to resolve claims that they illegally recorded phone calls and text messages from California residents. Under the settlement, consumers may be eligible to recover $64.30 for illegally recorded calls and $8.04 for illegally recorded text messages.