In most cases, recording a conversation is only legal in California if all of the involved parties consent to having the conversation recorded. California is characterized by some of the strictest consumer protection laws in the country, and this holds true when it comes to recording conversations in the state.

The Golden State is covered by “two party consent” recording laws. This means that all of the parties (not just one) must provide their consent in order for a conversation to be legally recorded.

These California regulations apply to all conversations in person, over the phone, or through another device as long as the communication is deemed confidential. This means that one or more of the involved parties must have a reasonable expectation that their conversation will not be recorded and also includes “any communication carried on in circumstances as may reasonably indicate that any party to the communication desires it to be confined to the parties.”

There are some exceptions to the law, including if a conversation could be reasonably overheard and communications “made in a public gathering or in any legislative, judicial, executive, or administrative proceeding open to the public.”

Not all states have such strict call and conversation recording laws in place. On a federal level, recording a conversation is allowed as long as one of the parties consents to having the call recorded. Even if the recorder is not a party in a conversation, they are legally allowed to record a conversation as long as one party gives their consent.

Only a handful of states other than California use two party consent laws when it comes to call and conversation recording. This includes states such as Connecticut, Florida, Illinois, Maryland, Massachusetts, Montana, New Hampshire, Pennsylvania and Washington.

Do Businesses Violate California Call Recording Laws?

Because federal law allows for call recording, some businesses may have practices which fail to meet the specificities of state laws such as those seen in California law, especially under the California Invasion of Privacy Act.

Generally, businesses circumvent call recording laws by including a disclaimer message at the beginning of the call informing the recipient that their call is being recorded. If the recipient stays on the line after this message, it is generally considered legal consent.

However, failure to adhere to call recording laws can result in serious penalties – even if the reasons are not malicious.

The following companies are suspected of having recorded calls without consent:

• 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

Attorneys are currently looking into these companies to determine if they infringed on the rights of California citizens by recording calls without consent. Consumers whose rights have been violated may be able to pursue a lawsuit against the call recording company.

If companies have violated California call recording laws, they may be ordered to pay up to $5,000 per violation or three times the amount of damages suffered. If companies recorded hundreds of calls without getting consumer consent, they may be forced to pay thousands of dollars to consumers.