Legal Question in Civil Litigation in California

Telephone conversation recording

When I call a business that plays a recording informing me that my call is being recorded or may be recorded for whatever reason, does that allow me to also legally record the call since both parties are aware of a recording taking place or do I have to announce, in return, that I am also recording the call? If so, what about when they transfer my call to other reps, do I have to restate to each new representative that I'm recording the call or is it the responsibility of the orginal person to pass on that information?

I ask because I feel if I were to make that announcement, it may compromise my rapport with the rep who may have otherwise served me in a friendly manner. The friendly exchange is always good, but just in case it goes sour, I want to have it recorded just as they have it. Their advantage is that an official recording is played before the rep even answers. So, the 'live' person who answers doesn't need to take responsibility for setting a defensive, non-trusting tone. I, however, have to say it myself which, invariably, turns the other person's friendly voice into a bland monotone voice very quickly. I believe this takes some advantage from me in settling the matter, whatever it may be.


Asked on 3/11/07, 9:04 pm

1 Answer from Attorneys

MARK GEYER LAW OFFICES OF MARK MITCHELL GEYER

Re: Telephone conversation recording

Hello:

Read Penal Code Section 632. this is the law on unannounced recordings.

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Answered on 3/12/07, 11:09 am


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