The right to privacy is important to pretty much everyone in the United States, and we know there are laws to protect this right. There are many activities that are prohibited in order to protect citizens’ privacy. The recording of phone calls without consent is one of the most important legal protections we have for our privacy.
However, there are many corporations, local companies and other entities in California that violate these privacy laws with some regularity. It is important to understand the law in California and know the most common groups who may try to violate your rights. In future blog posts, we will discuss warning signs of potential telephone privacy rights violations and your options if you think your rights have been violated.
What is the Law in California?
In a recent white paper on our law firm’s website, we discuss your phone privacy rights
There are two related laws in the California Invasion of Privacy Act that specifically protect your telephone privacy rights. Section 632 prohibits recording confidential calls without your consent. The challenge with enforcing your rights under this law is proving that the information was confidential. Section 632.7 prohibits recording cell or cordless phone conversations without your consent.
Who Violates These Laws?
Really, anyone can violate these laws, from your neighbor to a major international corporation. As far as this California law is concerned, it does not matter where the call originates, as long as the victim is in California.
The most common violators of these laws are:
- Debt collectors
- Telemarketers
- Creditors
Your first tip-off to the possibility of your rights being violated is that the call came from one of these entities. Although others violate California’s privacy laws too, these entities are the most common violators. Be especially on your guard if you are talking with a debt collector, a telemarketer or a creditor.
Learn more about how to tell whether your rights are being violated and what to do if your rights are violated.
