As recording devices have become smaller and more commonplace, you might think that you can record anyone, anytime and anywhere. But if you record telephone calls without consent in California, you could pay a big price.

Why Are California Recording Laws Different?

California’s state constitution says that the right to privacy is an inalienable right of all the state’s citizens. In addition, the Golden State has its own Invasion of Privacy Act that protects the rights of all citizens in the state. If a phone call is recorded without two-party consent, or the expressed permission of everyone on the line, the person or business making the recording could be found in violation of the California Invasion of Privacy Act.

I’ve Heard Many Companies Record Conversations to Help Train New Employees. Is There an Exemption for Such Recording Purposes?

There is no exemption for training calls. Even with a business-related reason like training, a company must obtain consent before recording a phone call with a customer.

Companies under investigation for possibly violating customers’ rights by recording their conversations in California without permission include:

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

If I’m at a Restaurant in California Where Many Other People Are Dining, Is it Legal for Me to Record a Conversation at My Table Without Permission from My Fellow Dining Companions?

The law says that if you record someone on the street or in a café or a bus stop, basically any public place, the person being recorded may or may not have a reasonable expectation that no one is overhearing the discussion depending upon the entirety of the circumstances. The bottom line is you cannot assume you are legally recording someone just because you’re talking in public.

What Does the Federal Law Say If I Want to Record Telephone Calls Without Consent?

Federal law says that as long as one person in the conversation consents to the taping, then it is legal to record telephone calls without consent of all parties.

California’s law is different. California is an “all-party consent” state – both parties must agree to recording. The state’s laws on recording must be honored even if they are more strict than the federal law.

What Other States Are All-Party Consent States?

In addition to California, Connecticut, Florida, Illinois, Maryland, Massachusetts, Montana, Nevada, New Hampshire, Pennsylvania and Washington are all-party consent, also known as “two-party consent” states.

Why Would a Company Such as United Airlines PetSafe Record My Phone Call?

As mentioned previously, some companies record phone calls to critique new customer service representatives or to play the calls back for newly hired staff as an example of what a customer service representative should or should not say on the phone to a customer.

If recordings are done for this reason, such as by United Airlines PetSafe management or Dermalogica, then the company is required to obtain permission prior to recording the phone calls in California.

Do I Have to Say the Words, “Yes, You Can Record This Call” in Order to Obey the California Law?

As the customer, you don’t have to say those words. In some cases, a recording will alert you that the call might be recorded. Otherwise, the representative needs to let you know the call will be recorded.  If you stay on the line after hearing that warning, you are providing implied consent.

In other cases, you might just hear a beep before the recording begins. That beep is universally recognized as the start of a recording, so if you hear it and don’t hang up, you have also given implied consent for the call to be recorded.