Legal Question in Technology Law in California

If i call customer support via the phone and they say they are recording the call, can i then record the call myself or do I ALSO have to announce that I too am recording the call?


Asked on 5/23/16, 8:05 am

1 Answer from Attorneys
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Penal Code section 632 governs. There is a penalty of up to a $2,500 fine and/or one year in jail for recording a telephone call without the consent of all parties. This is interpreted to mean that if X and Y have a telephone conversation, if X wants to record he needs to get Y's permission, and if Y wants to record, she needs to get X's permission. It is not sufficient for only one party to ask and obtain permission if both are making recordings.

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Answered on 5/23/16, 8:29 am


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