Is it legal to record a phone call without consent in California?
In California, it is illegal to record a phone call without the consent of all parties involved. This is governed by California’s eavesdropping law, which is outlined in Penal Code Section 632. The law makes it a crime to eavesdrop on or record a private conversation, whether the conversation is carried out in person or via any electronic device, without the consent of all parties. Violation of this law can result in fines and imprisonment. Furthermore, any evidence obtained from such recordings is generally inadmissible in court.
Trivia: California’s strict stance on consent for recording conversations is often referred to as a ‘two-party consent’ law. It is one of the strictest in the United States, contrasting sharply with states that require only one-party consent.
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This is not legal advice. Laws may vary by state.
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