Legal Question in Business Law in California

I have a friend that owns a massage business in California. She is Chinese and does not speak English well and has another friend that has helped her with the business. My understanding of the law in her city is that if any worker in her business is caught providing sex, my friend will lose her massage license, even if she does not know anything about the act or approve that it is being done. Also she is concerned that customers will lie to get out of paying by saying that the worker initiate a sex act. So her idea is to put cameras or even just microphones in the rooms so she can verify that the workers are not breaking the law and to verify the customers comments. Seems to me that this is also illegal and that she can get in big trouble for doing this since of course she would not tell customers that they are being recorded in the massage rooms. Her friend has told her that he has check with his attorney and is told it is fine and they are installing microphones. So first question is it okay to install microphones and record customers without them knowing it? Second, how can she protect herself from a worker how solicits without her knowledge?


Asked on 11/03/14, 4:25 pm

2 Answers from Attorneys
Anthony Roach Law Office of Anthony A. Roach

Microphones are not OK unless the customer consents to being recorded. She needs to use licensed therapists to protect herself.

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Answered on 11/03/14, 4:48 pm
Phillip D. Wheeler, Esq. Phillip D. Wheeler, Attorney At Law

Can't use the microphone without consent of the party being recorded. If you try to find information about this topic, it is one of the most convoluted laws in history. Plus, all states are a little different.

But consent is needed for the microphone recording of another party.

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Answered on 11/03/14, 5:02 pm


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