california phonecall wiretapping
California: &quot;For quality assurance, this phone call is being recorded&quot;
<p>In California, it is illegal to record phone calls without the consent of all parties involved.</p>

<p>However, when you call corporate phone number, you often get a message to the effect of "For quality assurance reasons, this call is being recorded."</p>

<p>Isn't this illegal, if you are calling from California? What can be done to prevent the company from recording (other than hanging up - let's assume there's a reason you needed to call them)?</p>

<p>The recording is not illegal because you've been told it would happen, and by not hanging up, you've agreed to have a conversation that can be recorded.</p>
<p>This was determined in <em>Kearney v. Salomon Smith Barney, Inc.</em> applying the exception of Penal Code 632 that communications are not considered confidential if there is a reasonable expectation that the call will be overheard or recorded - being explicitly told that the call will be recorded makes this true.</p>
<p><a href="https://law.stackexchange.com/questions/4128/">It would not be illegal for them to only record their own statements during the call</a>, nor for you to record only your statements, either. In particular, the company is allowed to record the part of the call where they make this statement, as they are not recording a conversation, only their own (likely pre-recorded) statement (again?). Indeed, including their statement <strong>about</strong> the recording <strong>in</strong> the recording is common practise partly for protection against claims that the other party was not informed of the recording occurring.</p>

<h2>No, it’s not illegal</h2>

<p>You have been informed that the call will be recorded. If you continue with the call having that knowledge you have consented to the recording. If you don’t consent you can hang up.</p>

<p>If you need to communicate with them and don’t want to be recorded, do it in writing or in person.</p>
