Rancho Cordova, CA asked in Communications Law for California

Q: In California, may I record a phone call if I've already given consent to the other party to record the same call?

The scenario is that I want to call a customer support phone number of a business that has been troublesome. During the phone call a recording states that "this call may be recorded for training and quality assurance purposes". By continuing with the call, I am consenting.

Given that all parties have consented to have the call recorded, may I also record the same call without any notice?

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

A: Under California law, recording a telephone conversation requires the consent of all parties involved, per California Penal Code Section 632. If the other party has already given a notice stating that the call may be recorded for quality assurance, that generally counts as their consent for the recording. Therefore, you would be legally permitted to record the same call without giving additional notice, since consent has been mutually established.

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