California has some of the strictest privacy laws in the country. In most cases, it is illegal to record a conversation without the consent of all parties involved.

As modern technology makes it easier and easier to record a conversation, legislation across the country is attempting to contend with what could be a large risk to Americans’ privacy.

Call recording, also known as telephone tapping, is strictly regulated in many countries, as it is seen as a serious invasion of privacy, Hubspot reports. 

How do I Know if a Conversation has Been Recorded?

You may be unaware that a conversation has been recorded without your consent, especially over the phone. One of the most common instances in which the average person may encounter having a phone call recorded without consent is during an interaction with customer service representatives of a business.

Why Would Businesses Record Phone Calls?

There are a variety of reasons many businesses record phone calls with customers. Some businesses say it’s done for training or quality assurance, or to keep accurate records. However, if a recorded call is made to a California resident without notifying the person, it may violate state law.

Many businesses, at the beginning of a call, will notify customers that the phone call is being recorded. If the customer chooses to stay on the line, it constitutes consent to be recorded. However, some businesses may record customer phone calls without any notification that the call is being recorded.

What Businesses May Be Involved?

A number of businesses are being investigated for allegations of recording a conversation without consumer consent, including:

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

Lawyers are investigating whether businesses like Cannondale Bicycle Corporation may be in violation of California law.

How Does California’s Call Recording Law Differ From Laws in Other States?

Many states require that only one party consent to a conversation being recorded for it to be legal. Federal law, according to the Digital Media Law Project, allows a person to record a conversation or phone call so long as the person who is doing the recording  is a party to the conversation. If the person is not a party to the conversation, the federal ” ‘one-party consent’ law will allow you to record the conversation or phone call so long as your source consents and has full knowledge that the communication will be recorded.”

California law, however, has stricter laws than the federal statute.

Are There Exceptions to When it is Illegal to Record a Conversation?

In most states, there are exceptions to rules requiring parties consent to having a conversation recorded. In Florida, for example, exceptions are made for 911 emergency calls and law enforcement officers who record a conversation to obtain evidence of a criminal act, according to the Florida Office of the Attorney General.

Is There Any Recourse if a Business Records a Conversation Without Consent?

Under California law, residents who believe that their privacy was violated are entitled to seek damages. Businesses that violate this California law may be required to pay damages in the amount of $5,000 per violation, or in an amount equal to three times the damages suffered as a result of the violation.