Call Recording Laws in California 2025
Last Updated: February 17, 2025
California is an all-party consent state. This means that every person involved in a confidential communication must give their permission before the conversation can be legally recorded. Under California Penal Code Section 632, recording a call without obtaining consent from all parties is strictly prohibited. In this article, you will learn about California’s consent requirements, penalties for illegal recordings, and practical tips for compliance.
Overview of California Call Recording Law
California’s call recording laws are among the strictest in the United States. According to California Penal Code Section 632, it is illegal to record any confidential communication without the consent of all parties involved. This law applies whether the conversation takes place in person or over the phone.
Is It Legal to Record a Call in California?
Recording a call in California is legal only if all parties involved have given their prior consent. Recording a conversation without obtaining such consent violates state law and can lead to severe legal consequences.
California One-Party Consent or Two-Party Consent?
Unlike many other states that follow a one-party consent rule, California requires all-party consent. This means that every individual participating in a confidential conversation must be informed of and agree to the recording.
Penalties for Illegal Recording in California
Violating California’s call recording law can result in serious consequences. Under California Penal Code Section 632, illegal recording is a misdemeanor that may result in criminal charges, fines, and imprisonment for up to one year. Additionally, civil lawsuits may be filed by affected parties seeking damages.
Federal vs. California Law
While federal law under 18 U.S.C. § 2511 allows one-party consent for recording communications, California’s laws are more stringent. In California, if any participant is subject to its all-party consent requirement, you must obtain consent from everyone involved in the call—even if federal law would permit otherwise.
Frequently Asked Questions
Is California an all-party consent state?
Yes. In California, every participant in a confidential conversation must provide consent for the recording to be legal.
Can I record calls in California without informing the other person?
No. California law requires that all parties be informed and agree to the recording before it can legally take place.
What happens if I illegally record someone in California?
Illegal recording in California can result in criminal charges, fines, and up to one year in jail, along with the possibility of civil lawsuits for damages.
How do California laws interact with federal recording laws?
Although federal law allows one-party consent, California’s all-party consent law takes precedence when any party is located in California.
Additional Resources
For more information, refer to California Penal Code Section 632 or visit our Call Recording Laws by State guide.
The information in this article is intended as a general guide and should not be taken as legal advice. For legal advice, please consult a lawyer.
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