California Illegal Call Recording Law
Your Right Not To Be Recorded
It is illegal to record a confidential conversation, including a private conversation or telephone call, without express consent in California. A violation of this rule is the crime of eavesdropping, per Penal Code 632 PC.
Note that while PC 632 makes it a crime to record a private conversation, a party can legally record a communication made in a public gathering. The law also does not apply to the police and some private citizens when recording a conversation to gather evidence of an offense.
California has some of the strongest laws in the country on wiretapping. Put simply, absent consent of all parties, they are not only not admissible into evidence, but a crime to obtain and allow the “injured party” to sue. The California Penal Code 632 mandates that consumers are entitled to statutory damages of $5,000 for each call recorded in violation of the code.
This law is the reason you may hear a disclaimer such as “This call is being recorded for quality purposes” before a phone call with your bank or another company. If you do not hear this disclaimer, it may be in your interest to ask the company you are on the phone with if you are being recorded. If you are being recorded without your consent, you may be eligible to $5,000 in statutory damages per each call that was recorded.
What Do I Do If I’ve Been Recorded Without My Consent?
If you believe you have been recorded without your consent, contact us right away for a free case evaluation, either by filling out the below form, or calling us at (800)-778-2065