Czech Airlines and other companies may be violating California call recording laws by recording phone calls without consent.

Most states have “one party consent” call recording laws. This means that calls can be legally recorded as long as one party on the call knows they are being recorded and has provided consent. According to Wikipedia, federal call recording laws are also in the “one party consent” category.

California call recording laws, however, are different and are known as “two party consent” call recording laws. This means that all parties, not just two, are required to consent to the recording in order for it to be legal. Other states with two-party consent laws include Connecticut, Florida, Illinois, Maryland, Massachusetts, Michigan, Montana, Nevada, New Hampshire, Pennsylvania, and Washington.

If California consumers take legal action against companies for recording phone calls without consent, this is usually done under the state’s Invasion of Privacy Act. The law states that: “Every person who, maliciously and without the consent of all parties to the communication, intercepts, receives, or assists in intercepting or receiving a communication transmitted between cellular radio telephones or between any cellular radio telephone and a landline telephone shall be punished by a fine not exceeding two thousand five hundred dollars ($2,500), by imprisonment in the county jail not exceeding one year or in the state prison, or by both that fine and imprisonment.”

The law also includes statues for communications between other devices, confidential communications, and wiretapping.

Businesses may try to shirk responsibility for call recording law violations by arguing that its recordings were not malicious. Some businesses may point to customer service, quality assurance, and other consumer-centered reasons for recording calls. However, the law doesn’t care why businesses record a call, it prohibits them from doing so in California without consumer consent.

Although recording calls without consent is illegal, there are easy ways for businesses to comply with California’s privacy laws. By including a disclaimer at the beginning of the call, stating “your call may be recorded for quality assurance” or some other message, businesses are warning consumers that the call may be recorded. If consumers remain on the line after this warning, it’s generally considered that the consumer has consented to the recording.

The “reasonable expectation of privacy” also plays an important role in California call recording law. Call recording laws only apply if people have a “reasonable expectation of privacy,” for example if they are at home. If people are in a public area or having a loud argument, they may not have that same expectation of privacy.

Attorneys are investigating several companies to see if they are recording consumer calls without consent. Companies under investigation include:

• 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

If Czech Airlines and other companies recorded calls without consent, they may have violated California call recording laws. This can entitle consumers to compensation under the state’s privacy laws.