If you have been on the phone and heard a message warning “This call may be recorded,” you have a good idea of the answer to the question, “What is CIPA?” An abbreviation for the California Invasion of Privacy Act, this law helps to ensure that your conversations are not recorded without your knowledge or consent. This not only applies to telephone conversations, it also covers any scenario in which you and another party have a “reasonable expectation of privacy” as defined by statute.

Violators who fail to warn that a recording is being made of a private conversation can be held liable and may face criminal penalties as well.

In order to comply with the CIPA, Calif. businesses making calls to consumers must first give a warning, which is why we so often hear something along the lines of “This call may be recorded for quality assurance.” This is to ensure that everyone on the line is aware that a recording may be taking place, in an effort to comply with CIPA regulations.

What is CIPA Applicable To?

California’s privacy laws are stricter than many other states. Indeed, privacy laws are included as part of California’s state constitution.

Primarily, CIPA applies to any person or entity with whom you have a conversation, whether over the telephone or in-person at a location you have reason to believe is private (such as inside a vehicle or in a restaurant booth). Under the law, neither party may record the conversation without informing the other and obtaining their consent. This is known as the “two-party consent” law.

Under California law, this applies not only to phone calls from businesses, but any recording or eavesdropping on confidential information, such as a private conversation or phone call, without this two-party consent. Two-party consent is actually a bit of a misnomer because legally, this actually means that all parties to the conversation must have first given consent before it can be recorded.

Many other states have only a one-party consent law, which means that only one party involved in the conversation must be aware of a recording taking place. However, any out-of-state businesses that do business in California must observe CIPA and the two party consent law.

Notably, these laws also apply to the use of hidden video cameras for recording conversations. As “smart” devices are becoming more and more widely used, questions are arising about how CIPA will be applied with regard to these new technologies, and if these devices can illegally record people without their consent.

There are exceptions. Law enforcement agencies recording telephone conversations in the course of a criminal investigation are not obligated to inform or get permission, for example. Another exception would be a conversation at a public gathering where almost anyone could overhear what is being said, and neither party has any real expectation of privacy. However, the legality depends greatly on the particular circumstances, so simply being in a public may not be enough to assume you are in the clear to record a conversation.

It is not at all unusual for a business to record phone conversations with consumers for quality assurance, training, and more—and in many cases, it is not illegal. As long as all parties are informed that the recording is taking place, remaining on the line is enough to imply consent to the recording. This is why we so often hear the phrase “this call may be monitored or recorded for quality assurance.” This is the company’s cue to the person on the other end of the line, and it’s all they need to do to inform the involved parties about the recording. Hanging up, then, would deny consent.

Landline vs. Cell Phone: Is There A Difference?

Plaintiff magazine explains that per CIPA, the primary difference between a landline and a cell phone lies in how the law is applied. In the case of the former, it goes back to the reasonable expectation of privacy.

When considering a CIPA case and determining whether or not there was an invasion of privacy, the court takes into account the circumstances surrounding the conversation as well as what information may have been disclosed. For example, if the conversation in question is held over a landline in your own home or a private hotel room, that would mean you had a reasonable expectation of privacy. On the other hand, if you were speaking on a public telephone in an airport lobby or outside a courtroom, for instance, the conversation may not necessarily be considered confidential.

When it comes to cell phones, CIPA is much stricter. Regardless of where the conversation takes place or what is being discussed, any recording made by either party without the knowledge and consent of the other is considered a violation. This also applies to any third party who may intercept the call (except for law enforcement as noted earlier).

CIPA in Action

Under California recording laws, a consumer has the right to recover damages from the other party upon discovering that an unauthorized recording of a conversation was made, subject to a one-year statute of limitations. In 2017, the California State Assembly clarified the law: a violator can be liable for $5,000 per CIPA violation. This applies even if the call in question took place prior to 2017.

Filing a CIPA Lawsuit

California recording laws protect anyone in California from being illegally recorded, regardless of whether or not they actually live in the Golden State, but this particular class action lawsuit investigation is looking for California residents in particular. A growing number of people are coming forward with allegations of CIPA violations after being hit with illegal call recording.

If you are a California resident and you believe that a company is recording phone calls without the legally required warning that the recording is taking place, you may have been subjected to a California recording law violation and may be entitled to compensation.

Filing a lawsuit can be a daunting prospect, so Top Class Actions has laid the groundwork by connecting you with an experienced attorney. Consulting an attorney can help you determine if you have a claim, navigate the complexities of litigation, and maximize your potential compensation.