Palm Desert, CA asked in Business Law and Civil Rights for California

Q: Is it legal in California for a party to record your phone call without your permission

I received a letter from an attorney stating that my call was recorded in a Tesla And I needed to pay money or they were going to use the recorded calls against me

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1 Lawyer Answer
Dan Rowan Cortright
Dan Rowan Cortright
  • Civil Rights Lawyer
  • Rohnert Park, CA
  • Licensed in California

A: No, California is a two-party consent state, meaning that both parties to a conversation must give consent to have a call recorded. Some people record calls without the consent of both parties, and the result is that the call may not be used in evidence against the non-consenting party in a legal action. However, if someone informs you that a call is being recorded and you do not hang up, you are presumed to have consented to have it recorded after that.

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