Calif. High Court Asked To Clarify Call-Recording Rules

By Dorothy Atkins (January 5, 2021, 11:08 PM EST) -- A consumer urged the California Supreme Court on Tuesday to find that the state penal code prohibits both third-party eavesdroppers and call participants from recording without all participants' consent, arguing that finding otherwise would "gut" state privacy statutes and the "express intent of the legislature."

During a videoconference hearing, plaintiff Jeremiah Smith's counsel, Adrian R. Bacon of the Law Offices of Todd M. Friedman PC, argued that section 632.7 of the California Penal Code requires all participants on a phone call to consent to a recording.

That conclusion is supported by the plain language of the statute, legislative history, public policy...

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