In this day and age, it’s extremely common for companies to record phone calls. They do this for a variety of reasons, such as for customer service, quality assurance, training purposes, and more. But can a company record a call without telling you?

It depends, in part, on where you are when the call is made. Many states have single-party consent, in which only one party on the call (the caller) needs to have consented to the recording. Some states, however, have two-party consent laws which, despite the name, actually require that all parties on the call be alerted to the recording. California, under the California Invasion of Privacy Act, has the strictest call recording laws to date.

What Does Consent to Call Recording Look Like?

Consenting to call recording is simple: first, the caller notes that the call will be recorded—often with a phrase like “this call may be monitored or recorded”—and second, the consumer doesn’t hang up. Hanging up, by contrast, would be enough to imply revoked consent, while staying on the line after the warning implies consent. A verbal response to the warning is not required.

Is California Call Recording Legal?

California call recording laws are particularly strict. These laws are part of the state’s privacy laws, which are included as part of its state constitution.

What Companies Are Recording Phone Calls Illegally?

A slew of companies may be recording your phone calls illegally, without warning. Currently, Romano’s Macaroni Grill is just one of the companies under investigation. Other companies being investigated for illegal phone call recording include:

• Romano’s Macaroni Grill
• Swarovski
• Dermalogica
• Foster & Smith
• Mears Transportation Group
• Southwest Rapid Rewards (800-445-5764 only)
• United Airlines Pet Safe (800-575-3335 only)
• Cannondale Bicycle Corporation
• Czech Airlines

Have Any Lawsuits Been Filed?

Some companies have already been hit with litigation over violations of California call recording law. In 2016, Wells Fargo agreed to settle one such lawsuit, filed by the state attorney general, for $8.5 million.

Other major call recording lawsuits have been filed against Capital One, Bass Pro Outdoor, and the Cosmopolitan Hotel, among others, many of which ended with substantial settlement agreements.

Can I File a California Call Recording Lawsuit?

A number of companies are currently under investigation for potentially violating California call recording laws, including Romano’s Macaroni Grill. If you live in California and have had a company record a call without telling you, you may be able to file a lawsuit and pursue compensation. Filing a lawsuit can lead to a financial award or call recording settlement, and also help enforce these call recording laws on both a state and federal level.

While this class action lawsuit investigation applies only to California residents, if you were in the state of California when you had a company record a phone call without telling you, you are protected under California’s phone recording law, regardless of your residency.