Technically, all states allow the recording of phone calls. However, in order to record calls legally, people and companies must follow certain rules to make sure they have obtained consent from all necessary persons.

A number of businesses are currently under investigation for potentially engaging in illegal phone call recording practices. One of the companies being investigated is Cannondale Bicycle Corp.

What Makes Call Recording Illegal?

The recording of phone calls is not always illegal. In fact, call recording is a common and perfectly legal practice, as long as it is done following certain requirements and therefore is within the bounds of the law. The requirements differ from state to state on how many people involved in the call the recorder must obtain permission from, but the key is that there is some degree of informed consent about the recording taking place.

What States Allow Recording of Phone Calls?

Different states have different rules regarding the recording of phone calls. The majority of states have what is known as one-party consent law, which means that one party involved in the conversation must give permission for the recording to take place. Thirty-eight states and the District of Columbia have one-party consent law. Notably, this is also the law at the federal level.

All-party consent law, by contrast, means that all parties involved in the conversation must be informed about the recording before it can take place. All-party consent is often called “two-party” consent, though it does apply to all parties on the call. There are 11 states with all-party consent law, which include:

• California
• Delaware
• Florida
• Illinois
• Maryland
• Massachusetts
• Montana
• New Hampshire
• Oregon
• Pennsylvania
• Washington

While Nevada also technically has one-party consent law, the state Supreme Court of Nevada has interpreted the law to mean all-party consent.

California in particular takes phone call recording very seriously—its privacy laws are even part of its state constitution.

The California Invasion of Privacy Act is stricter than the privacy laws of most other states, and applies to any person or entity on the phone or in person where there is a reasonable expectation of privacy. The CIPA bans recording any such conversation without informing all parties in the conversation and obtaining their consent.

Call recording is a fairly common business practice and, when done correctly, is not illegal. Call recording is typically used for things like quality assurance, training, and more—which is why we often hear the phrase “This call may be monitored or recorded for quality assurance,” or some variant thereof. This is meant to warn the parties on the call of the recording taking place. In most states, all that is required to consent to the recording is staying on the line, known as implied consent. To deny consent, the party would simply need to hang up.

What Companies Are Under Investigation?

A number of companies are currently under investigation for the illegal recording of phone calls. Some of the companies that may have violated their customers’ rights by illegally recording their calls in California without warning them include the following:

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

Can I File a Phone Call Recording Lawsuit?

More and more people are pursuing litigation over illegal call recording. In some cases, phone call recording lawsuits against some major businesses have ended in multi-million dollar settlements.

In 2016, for instance, Wells Fargo entered a settlement agreement for a call recording lawsuit filed by the state attorney general for $8.5 million. Major call recording lawsuits have also been filed against Capital One, Bass Pro Outdoor, and the Cosmopolitan Hotel, among others.

If you have been hit by a company with the illegal recording of phone calls while you were in California, such as Cannondale Bicycle Corp., you may be able to file a lawsuit and pursue compensation.

Filing a lawsuit can be a daunting prospect, so Top Class Actions has laid the groundwork for you 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.

This can help, not only to provide financial compensation, but also to enforce the law and hold those responsible accountable for their actions. This particular class action lawsuit applies to California residents specifically, but it should be emphasized that California call recording law does protect anyone who was in the state at the time of the illegal recording, not just residents.