It is legal to record telephone conversations between businesses and consumers in every state in the U.S., as long as call recording laws regarding consent are followed. Call recording laws are determined by individual states, meaning that what may be legal in one state may be illegal in another.

In many states, it is legal for companies to record consumers without notifying them. However, there are several states with strict call recording laws that require companies to obtain consumer consent before recording them.

Call recording laws may be divided into two broad categories: one-party consent laws, and two-party consent laws. Most states have one-party consent laws, meaning that only one party is required to consent to the call being recorded.

In these states, companies may be allowed to record phone conversations without informing the consumer. 12 states have two-party consent laws, which are more restrictive. Under these laws, every party in the phone call must consent to the call being recorded.

What are California Call Recording Laws?

California has some of the strictest call recording laws in the country. According to California wiretapping laws, it is illegal to record a telephone call without the consent of all parties involved.  Companies that record consumers without notifying them that they are being recorded may be in violation of California call recording laws and may be subject to fines or other actions.

Why Would Companies Record a Telephone Conversation?

Many types of businesses record calls with customers for a variety of reasons, including for training purposes or to provide better customer service. Recording phone calls may result in a higher degree of accuracy and better communication between the company and the customer, as well as keeping a record of interactions.

Generally, when a company or other entity intends to record a telephone conversation, the consumer will be notified at the beginning of the call.

This notification usually takes the form of a pre-recorded voice stating something similar to, “This call may be monitored or recorded for quality assurance and training purposes.” Consumers who stay on the phone following this disclosure are assumed to have given consent for their phone call to be recorded.

However, according to consumers and privacy advocates, many businesses may be recording customer phone calls without notifying the customers involved. Several companies, including Mears Transportation Group, are under investigation for possible illegal call recording.

Signs That Your Call Could be Recorded

It’s not always easy for a person to tell that their current call is being recorded by someone else. In these cases, it’s important to listen for small sounds or beeps on the line that might indicate the call is being recorded without your permission.

To make sure the company doesn’t make a consent statement like “By staying on the line, you acknowledge that this call might be recorded for company training purposes”, you’ll want to listen carefully to the moments after the call is picked up. This is usually when a company will state its recording policy either with a live person or through a recording.

Any regular beeping sound over the duration of the call is a warning sign that the phone call is being recorded. If you are the consumer on the other end of the line, you might even ask the person on the call whether or not this phone conversation is being captured somewhere.

If you do hear beeping noises or other signs that the call might be recorded without your permission, take note of the specific instances so that you can record this in a diary or journal. If it happens more than once, this information will be helpful for you as you consider filing a lawsuit against the offending party for recording a phone call without your consent.

Another sign that a call is recorded is an unexplained crackling noise in the background. Given the high quality of most phone calls today, this is a red flag that the call is being captured and logged somewhere, possibly without your consent.

What Companies May Record a Telephone Conversation?

In 2016, Wells Fargo agreed to an $8.5 million dollar settlement to resolve claims that the financial institution failed to warn consumers that their phone calls to the bank were being recorded. Other businesses that have been sued or investigated for possible illegal call recording include Capital One, Dermalogica, Swarovski, Bass Pro Outdoor, Czech Airlines, the Cosmopolitan Hotel, and Mears Transportation Group.

Consumers who believe their phone calls have been recorded without their knowledge or consent by companies including Mears Transportation Group may be eligible to hire a qualified attorney and file a class action lawsuit regarding these privacy violations.