Is it legal to record a phone call in California without advising the caller?

Question

I know the laws vary state to state.

Answer 1

People are confusing two different laws here.

California Penal Code section 631 prohibits wiretapping. That is making an unauthorized connection to a telephone, or listening in on a telephonic communication without the consent of all parties. This is illegal whether or not the call is recorded, but it cannot be violated by a person who is party to a telephone call (because the person is obviously listening in and is not making an unauthorized connection).

California Penal Code section 632 probibits recording confidential communcations without the consent of all participants to the conversation. This does not have to be a telephone call, it can be any confidential communication.

I don't understand the reference to Penal Code sections 629 and 629.02, since there are no such statutes. Sections 629.50 to 629.98 concern warrants for wiretaps.

And, by the way, the courts of California have found that California law is not preempted (superseded) by federal law, so the law can be violated even if the call is made from or to a place outside California. (Kearney v. Salomon Smith Barney (2006) 39 Cal.4th 95.)

Answer 2

it rather is against the regulation under federal wiretap regulations because of the fact landlines and instantaneous cellular telephones are regulated via the FCC. No state can enable a regulation that undermines a federal regulation, so all states have unlawful wiretap regulations. although, if the events the two choose to checklist a communication, it rather is legal to attain this. to illustrate, if a radio station archives a telephone interview with consent of the events, it legal. If a individual calls the radio station and the call is recorded and then aired without consent of the caller, then this is against the regulation. a doctor might could communicate to the guy his/her self. The physician can not make prognosis consistent with recorded telephone conversations and rather can not prescribe medicine after listening to the variety of recording.

Answer 3

Yes. According to California Penal Code 629, 629.02; 631 it is illegal to record a telephone conversation without consent from BOTH parties. Federal law, however, allows for only one person to give consent, but only if there is no local/state law to supersede.

In addition to California, the following states also require two party consent: Connecticut, Delaware, Florida, Illinois, Maryland, Massachusetts, Michigan, Montana, New Hampshire, Pennsylvania, and Washington. All other states are under the Federal one party consent law.

Answer 4

Bishop13 has given the correct answer.

However I would like to add that if the conversation is from one state to another, it would automatically fall under federal jurisdiction which would supercede any state statutes (meaning only one party would have to give consent).

Answer 5

Yes

Answer 6

It depends on the circomstances but you can record any "unsolicited" call without any legality exposure.

Answer 7

No, you must tell the caller that he is being recored.

Answer 8

I don't think that it's legal anywhere in the US

Answer 9

It is not legal in any state unless you are the PRESIDENT!(lol)

Answer 10

check here

http://www.findlaw.com/