Q: Can a business in California record phone calls without the caller knowing.
I live in a student housing complex in the San Diego area and was wondering if there were any legal repercussions to a business for recording phone calls without the calling party’s consent. When calling this company there is never a message that notify’s the caller that the call is being recorded. Being a property management company many financial, health, and other personal information is said throughout these conversations, which I feel the caller should know is being recorded. This company has most likely received tens of thousands of phone calls that have been recorded without any of the callers knowing the conversation was recorded.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
- California
- (916) 704-3009
- View Profile
- Answered
A:
Under California law, recording phone calls without the consent of all parties involved is generally prohibited. California is known as a "two-party consent" state, as outlined in the California Penal Code Section 632. This means that for a phone conversation to be legally recorded, all parties involved in the call must be aware of and consent to the recording.
In your situation, if the property management company is recording calls without notifying callers, this could potentially be a violation of California law. The lack of a notification or warning that calls are being recorded is a key factor in determining legality.
Given the sensitivity of the information often shared in calls with a property management company, such as financial or health information, the need for consent becomes even more crucial. Violations of this law can lead to legal repercussions for the business, including potential civil litigation.
If you have concerns about this practice, you might consider seeking legal advice to explore options for addressing the situation. Additionally, raising awareness about the issue within the affected community can also be an effective way to approach this matter.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
