Different states have varying laws regarding whether you can record phone calls. California has one of the strictest consumer privacy laws in the country.

What California Laws Address Recording Phone Calls?

California has written in the state constitution that privacy is an inalienable right of its citizens.

As technology has changed, California has instituted further laws to protect residents’ privacy. The California Invasion of Privacy Act makes it illegal to record phone calls without the permission of everyone on the line. A call recorded without consent of all parties could be found in violation of the law.

What is the Penalty for Recording a Call Without Receiving Consent of All Parties on the Line in California?

If found liable, the person or business who recorded the call may be ordered to pay damages of $5,000 per violation or three times the amount of damages suffered.

California residents who have their phone calls recorded without their permission may be eligible for statutory damages and any actual damages.

What If a Company Records Calls to Coach its Phone Representatives?

The California Invasion of Privacy Act does not make special considerations for businesses or their reasons for recording phone calls.

Many companies are currently under investigation for possibly recording customer phone calls without the customers’ permission.

Companies currently under investigation for violating California’s recording laws include:

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

What Constitutes Consent to Record?

In California, if all parties on the line provide consent for the call to be recorded, it can be legally done. Consent is provided when those on the call have been clearly notified and understand that the call will be recorded and agree to continue their conversation with that knowledge.

Consent does not have to be provided verbally. If at the start of the call, a beeping tone is emitted, and the parties choose to stay on the line, the parties have given implied consent. The beep is a universally accepted tone that signals the start of a recording.

If someone from a state that requires only one party on the line to provide consent to record a phone conversation calls someone in California, the person from the one-party state must follow the stricter California law and receive consent from all parties before recording the call. The California Supreme Court made this ruling.

Why Would a Business Want to Record My Phone Call in the First Place?

Customers who call Mears Transportation Group for a taxi or Dermalogica for a skin product question might wonder why their calls might be subject to recording by the companies.

Companies might wish to record phone calls for a variety of reasons. Their phone representatives might benefit from listening to themselves while a supervisor addresses the way the employee handled the call. A difficult caller, an angry customer or a disappointed customer all present challenges, particularly to inexperienced phone representatives who may benefit from being coached on how to handle such calls in the future.

Sometimes phone calls with customers are recorded in order to play the recordings to future classes of phone representatives who are in training. The recorded calls provide a glimpse of how one of their future interactions may proceed.

No matter what the reason for the recording, California requires all parties to provide consent before the call can be legally recorded.