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Do I have to notify each individual on a phone call separately when recording the conversation?

San Jose, CA |

I called customer service and was transferred to or had people added into the conversation. If I notified the first person at the beginning that I was recording the call, do I have to notify every other individual who I speak with after the first person on the same call?

For those saying I need consent from additional individuals, wouldn't they need the same on my end when additional people join my conversation? aren't they breaking the law since they only mention at the beginning of the call that they may be recording for quality purposes? Also is ok to bluff that you're recording a conversation and not actually do it or have been doing it?

Attorney Answers 3

  1. Yes, California is a two party consent state, which means it is illegal to audio record anyone without their consent and doing so carries with it civil as well as criminal penalties. You have to notify each and every person and get each every one of their consents in advance. After you get the consent (before you start recording) I would have them re-confirm their consent on the recording so they can not later deny it. California has some of the strictest laws on the nation on this issue. Be very careful.

    We do not have an attorney-client relationship. I am not your lawyer. The statements I have made do not constitute legal advice. Any statements I have made are based upon the very limited facts you have presented, and under the premise that you will consult with a local attorney. This is not an attempt to solicit business. This disclaimer is in addition to any disclaimers that this website has made. I am only licensed in California.

  2. You are in a Two Party Consent State (CA). Here, you always have to obtain consent from each party you speak with before recording their conversations over the phone. Not following proper procedures may subject you to liabilities.

    Your particular situation may be different. This answer is intended for information purposes only. No Attorney-Client relationship has been established. I am an attorney in the Bay Area.

  3. The other answers provide good advice. As for the last question, you can bluff about recording all you want.

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