Berkeley, CA asked in Communications Law for California

Q: If you make a call and they are recording you, with your permission, can you record without getting their permission?

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2 Lawyer Answers
T. Augustus Claus
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A: In California, it's a two-party consent state, which means that all parties involved in a conversation must give their consent before a call can be recorded. If you are part of the conversation and want to record it, you would generally need to inform the other parties and obtain their consent before proceeding. Even if the other party is recording the call with your permission, you still need to adhere to the state's two-party consent law if you want to record the conversation on your end. Failure to do so could potentially lead to legal issues.

James L. Arrasmith
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  • Communications & Internet Law Lawyer
  • Sacramento, CA
  • Licensed in California

A: In California, both parties to a conversation must generally consent to being recorded. If you have obtained their permission to record the call, you may be able to record without getting their explicit permission again. However, it's advisable to consult legal counsel to ensure compliance with applicable laws in your specific situation.

James L. Arrasmith

Founder and Chief Legal Counsel of The Law Offices of James L. Arrasmith

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