STOP ILLEGAL PHONE RECORDING!

If you made or received a call in California from a cell phone or cordless phone, and your call
was recorded or monitored without your knowledge or consent, you may be entitled to compensation.
The recording of telephone calls without permission has resulted in some substantial settlements
against such well-known companies that one would think would have either known better, or such conduct had been advised against. Damages in these cases can be significant and enforcement actions perform a vital public service; they force companies that violate the law to change their policies and respect consumers' privacy.

Secretly Recording Telephone Calls Comes with High price

Section 637.2 of the California penal code establishes that no violation of California's Invasion of
Privacy Act is to go unpunished. The law provides up to $5,000 in statutory penalties or 3 times the actual damages for each violation. A company with a call center that makes or receives 1,000 calls that were recorded without customers' consent may find itself defending a $5 million lawsuit, and 10,000 calls can mean a $50 million lawsuit. It is not necessary that the plaintiff sustain actual damages. Companies with call centers have been among the most prolific violators of this law, and because these companies' exposure (the penalty the companies may have to pay for their violations) is so high, many have preferred to settle rather than face the risks of litigation and paying even higher amounts.

California Laws Protect Your Privacy

California has been the most proactive of all the states in its efforts to enact and enforce laws protecting the privacy of its residents. Under federal law and most states, one party to a conversation may legally record the conversation without letting the other party know. California and a few other states are "two-party" states - both parties must consent to the recording. When it comes to recording or monitoring telephone calls, California law overrides federal law. California law requires that all parties must consent to be monitored or recorded BEFORE a call is placed to or from a cell phone or cordless phone. The law does not apply to hard-wired landlines - a cellular or cordless phone must be involved in the call.

The company or call center must inform you at the beginning of the conversation that your call may
be monitored or recorded. You cannot be told this at the end of the conversation as you may already have disclosed confidential information. A message or person stating that the call is "recorded for quality assurance" is considered implied consent. If you continue to talk and don't hang up, it can be implied that you agreed to have the call monitored or recorded. So now, when you hear, "This call may be monitored or recorded for quality assurance purposes" at the beginning of a call, you know it is because the company is complying with the law.

Finally, consider that a company can violate the law on either an inbound call (recording a call when you call them) or outbound call (recording a call when they call you).

So, What to Do?

If your call was recorded without your consent, try to preserve the evidence to help prove your case. It is best to take notes and write down the following:
1.    The name of the company you called or that called you.
2.    The number you dialed or the number from which they dialed you.
3.    Confirm there was no pre-recorded notice or verbal request to record the call.
4.    Ask for the first name of the person to whom you spoke.
5.    The date and time of the call. If the phone number you dialed is included within your
        cell phone bill, keep your bill.
6.    Your cell or cordless phone number.
7.    Call our office toll free at 855-216-9303.

Steven L. Miller has extensive experience in prosecuting these types of enforcement actions with no out-of-pocket costs to the individuals bringing the claim. He works on a contingency basis and advances the costs of the lawsuit. If there is a settlement, the fees are determined by the court and paid by the defendant.

Please contact the law offices of Steven L. Miller, a Professional Law Corporation for a free and confidential, no obligation consultation, toll free, at 855-216-9303.