Kim Gale  |  November 5, 2019

Category: Legal News

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call recording tape and headphonesCalifornia laws on recording phone calls set the bar on privacy protections for the state’s residents.

Even if a call center is located in another state, California’s call recording laws must be followed when the call center representative is on the phone with a California resident.

California’s Invasion of Privacy Act (CIPA) makes it illegal to record a phone call without the consent of all parties on the line. As such, the state is known to enforce a “two-party consent” law.

The Southwest Airlines Rapid Rewards telephone number is one of several currently under investigation for possibly disregarding California laws on recording telephone calls.

A single violation of California’s Invasion of Privacy Act can result in a $2,500 fine. The business also may be held responsible for civil liability of up to $3,000 per violation or three times the amount of actual damages. A judge may allow statutory damages of up to $5,000 per violation.

In recent years, companies have paid millions of dollars to settle allegations of illegal call recording. Wells Fargo Bank agreed to an $8.5 million dollar settlement to settle allegations the financial institution did not warn Californians calls could be recorded.

Other large companies are under investigation for potentially violating the laws regarding the recording of phone calls with customers. Dermalogica’s customer service phone number, a United Airlines Pet Safe phone number, and the Southwest Airlines Rapid Rewards phone number are among the 1-800 telephone numbers under investigation.

California Laws on Recording Phone Calls

The California Invasion of Privacy Act protects the state’s citizens from the secret taping of phone calls. As a consumer, if you hear a warning that a call may be recorded, you can hang up the phone to exercise your right not to be recorded.

Even if a recorded voice does not warn you that a call could be recorded, if you hear a drawn-out beep, that noise is a universally accepted warning that a recording has begun. The beep is regarded as a legally valid warning of an impending recorded call.

You might wonder why your call to the Southwest Airlines Rapid Rewards phone line would be recorded, anyway. No one is going to care how many Rapid Rewards points you have, except for you, right?

Many companies record phone calls to ensure their customer service representatives handle calls in an appropriate, professional, and consistent manner. Sometimes the customer service representative is the only human interaction a customer has with a company, which means the impression needs to be positive to keep that customer happy.

Phone room supervisors and quality control specialists often listen to recorded calls to critique a customer service representative’s performance. By pointing out what the representative did well and possible areas that need improvement, management can effectively coach their phone room staff members.

No matter what the reason behind the phone recording, anyone engaging in a phone conversation with residents of California, even those companies out of state, are required to follow California laws on recording phone calls. If you believe your call with a company representative was recorded without warning or permission, you may be able to pursue recompense.

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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