Legal Question in Telecomm Law in California

Must I get permission to record a call from the other party or could I just say that I'm recording the call and record?

I want to record the telemarketing calls I've been so frequently getting despite requesting to be removed from their Do Not Call list and being on the Do Not Call registry. I'm in California and would like to use it as evidence for when I sue.


Asked on 9/13/11, 2:55 pm

1 Answer from Attorneys
Daniel Martin Law Office of Daniel K Martin

In California it is a misdemeanor to record a conversation that one member of the conversation believes is in confidence. This has been interpreted to include almost all phone calls. Companies that want to record calls usually avoid prosecution for this crime by either playing a recorded message that explains the calls are being recorded or playing a beeping sound ever so often. This serves to put all people on the call on notice that the conversation is not private.

If you want to record the telemarketers you must notify them that you are recording.

Another function of the law that criminalizes unauthorized recording is the recording itself is not admissible in any hearing except a hearing including the prosecution of a person who violates this law.

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Answered on 9/25/11, 4:36 pm


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