In California, the penalty for recording a conversation without full disclosure is part of the state’s long-time commitment to privacy rights. If an individual or a company records a telephone conversation and fails to notify the other party, they could be liable for steep fines and even prison time. If you were the aggrieved party and your telephone call was recorded without your knowledge or consent, you could be entitled to compensation.

What Does California Privacy Law Say?

Under the Golden State’s Invasion of Privacy Act (Penal Code §632), it is illegal to monitor or record any “confidential communication” without the consent of all parties concerned. This part of the law covers not only telephone conversations, but also other types of electronic communications, such as SMS, telegraph, email or other types of exchange. It also covers face-to-face communications in situations where one or both parties have a reasonable expectation of privacy.

The law was enacted in 1967 in response to the development of new technologies making it easier to eavesdrop on private conversations and the potential for abuse.

Are There Exceptions?

Aside from exceptions for law enforcement involved in a criminal investigation, exclusions include any communications held in a public place in which the parties involved would expect others to overhear or record the conversation, including legislative and court proceedings and public hearings.

What Does ‘Two-Party State’ Mean?

As mentioned earlier, California law requires the knowledge and consent of all parties to a conversation before it can legally be recorded. Under federal law, only one party needs to know of the recording; states that follow the federal guidelines are known as “one-party” states. However, California and some other states go beyond this requirement and mandate that both parties to be informed. For this reason, these jurisdictions are known as “two-party” states, according to Justia.com.

How Much is the Penalty for Recording a Conversation Without Consent?

Violators who record telephone or other private conversations without consent or knowledge of the other party can be fined as much as $2,500 per violation, as well as a one-year prison sentence. They can also face civil liability should the other party decide to file a lawsuit. Under the law, that liability is $3,000 per violation, or three times the amount of any actual damages that the plaintiff suffered as a result.

What Constitutes Consent?

Legally, if you call a company or an individual and they tell you at the outset that your call may be recorded, remaining on the line implies consent. If you do not consent, simply terminate the call by hanging up. There is also a provision in the California Privacy Act that allows the recording of phone conversations if a “beep tone” warning is sounded during the call.

Is an Illegal Recording Admissible in Court?

Aside from the penalty for recording a conversation illegally, California’s privacy law makes such recordings inadmissible as evidence in a court proceeding in most situations. There are some exceptions, such as a witness who was illegally recorded on the phone cannot use the law to avoid penalties for perjury, nor does it give one the right to lie under oath.