Found an issue on this page? Let us know and we will look into it as soon as possible.
In Calif. is it legal to tape one side of a phone conversation without the other party's consent if only one voice is recorded.
Anonymous1 views1 answers
A microphone was placed in our office to record continuously. Customers call with private personal concerns and believe the content of their communication is privately entrusted to the listener by confirming with the receptionist that their call is confidential. The customer has no idea that when a receptionist engages in sensitive dialog with them that much of their information is being recorded on the receptionist end. In other words, the gist of the subject matter can be ascertained. My employer maintains that since the voice of the customer is not heard on the tape, the company can legally tape just the receptionist’s side of the conversation. My employer has refused to tape through the phone system with an announcement that the call is being recorded. Is this legal in California?
I believe California law requires all party consent just like my state, Illinois.
See my Legal Guide Recording Conversations in Illinois
http://www.attorneyqna.com/legal-guides/ugc/recording-conversations-in-illinois
You need a lawyer because I do not practice in CA (I am in Chicago, IL). Check with a lawyer in your locale to discuss more of the details. I do not think it is not legal to record a conversation in CA unless all parties give their consent. That is similar to the rules in my state and the state of Washinton. About a dozen or so states follow this rule plus Illinois. The other 38 states are one party consent states.
Good luck to you.
Again, check with a lawyer in your locale.
NOTE: This answer is made available by the out-of-state lawyer for educational purposes only. By using or participating in this site you understand that there is no attorney client privilege between you and the attorney responding. This site should not be used as a substitute for competent legal advice from a licensed professional attorney in your state with whom you have established an attorney client relationship and all the privileges that relationship provides. The law changes frequently and varies from jurisdiction to jurisdiction. The information and materials provided are general in nature, and may not apply to a specific factual or legal circumstance described in the question.
