California has some of the most stringent privacy protection laws in the country. One of the ways in which California law protects residents against invasions of privacy is through the wiretapping law. However, some businesses like Drs. Foster & Smith may be secretly recording phone conversations with customers in violation of the California call recording law.

Is it legal to secretly record a conversation or a phone call?

California’s wiretapping law regulates how and when a conversation can be recorded. In California, it can be legal for conversations to be recorded, but it is not legal to record the conversation secretly.

The California wiretapping law requires that for a conversation or telephone call to be recorded, all parties involved in the conversation must give their affirmative consent to be recorded. This means that the law is a “two-party consent” law, as opposed to a one-party consent law, says Digital Media Law Project. Some states have merely a one-party consent law, making it legal to record a conversation if just one party involved consents to the recording. 

Additionally, even in one-party consent states, it is generally still illegal to eavesdrop and record conversations. In most cases, people are only allowed to record conversations that they are a part of. However, this only applies when there is a reasonable expectation of privacy. For instance, it would likely be illegal to record someone having a conversation in their own home, but it might not be illegal to record a conversation being had loudly in a public place such as a restaurant or store.

There are a few exceptions to call recording laws. There is some precedent that people may be allowed to secretly record a conversation if they are doing so in order to collect evidence that a serious crime has been committed. In 2003, a California court allowed the girlfriend of a man on trial for murder to submit phone recordings into evidence that she had made without his knowledge or consent. However, in most cases, recording phone calls without the consent of all parties in California is against the law.

Why would someone secretly record a conversation?

Secretly recording a conversation may seem like the stuff of mystery novels, but it is more common than one might think. Many California businesses record phone conversations with customers for employee training purposes, liability, records, or quality assurance.

However, they must ask for consent first. Often, businesses will play a pre-recorded message at the beginning of a call, notifying customers that the call may be recorded. If a customer chooses to stay on the line after hearing the message, then the law determines that they have effectively given their consent to be recorded.

Do any businesses secretly record a conversation against the law?

In some cases, businesses may record conversations with customers without notifying them that the call will be recorded. This may be a violation of the law.

Whether a business intentionally or unintentionally violates the California wiretapping law, they may have to face legal consequences for call recording. Inside ARM notes that those who violate the law may face up to $5,000 in civil penalties for each time they secretly record a conversation without consent and in violation of the law. 

What businesses may be secretly recording phone calls against the law?

Some companies who have been accused of secretly recording calls without consent 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

Businesses like these may record phone conversations for a variety of reasons. Drs. Foster & Smith, owned by Petco, is a pet supply corporation that is suspected of recording calls with customers about product orders. Additionally, the company had a pet care education line and provided advice via phone. The company may have recorded a number of types of conversations without properly notifying customers. 

Other companies that have been accused of secretly recording calls in the past include Godiva, Vera Bradley, Smith & Wesson, Umpqua Bank, and Jimmy Choo.

If you had a phone conversation with a business and that call was recorded but you were not notified, your privacy may have been violated. You may be able to file a call recording class action lawsuit and receive compensation in the form of damages.

Unfortunately, it is often difficult to determine whether you were recorded without your knowledge. If you had phone conversations with any of the businesses suspected of potentially recording calls in violation of the TCPA, your privacy may have been violated and you may be eligible to speak with an attorney.