Legal Question in Securities Law in California

Re: recording

No. There are limited exceptions.

JOEL SELIK Attorney at Law

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Re: recording

In California, frequently not. It is a misdemeanor punishable by up to a $2,500 file and/or up to a year in jail to record or eavesdrop on a confidential telephone conversation using an amplifying or recording device without the permission of all parties to the conversation. See Penal Code section 632 (and 631 re wiretapping, which is somewhat similarly treated). There may be some exceptions, especially re what is a "confidential" call and what isn't; there is a lot of case law and numerous reported decisions on this general topic and I haven't read them. Generally, however, a person is protected by the law from having his/her conversation being recorded if he/she has an "objectively reasonable" expectation that the call is private. If the called party has an outgoing message saying "this call may be recorded" or "this is an answering machine," then clearly the caller has no objectively reasonable expectation of privacy and the law doesn't apply.