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...

Stay ahead of the curve

In the legal profession, information is the key to success. You have to know what’s happening with clients, competitors, practice areas, and industries. Law360 provides the intelligence you need to remain an expert and beat the competition.

  • Access to case data within articles (numbers, filings, courts, nature of suit, and more.)
  • Access to attached documents such as briefs, petitions, complaints, decisions, motions, etc.
  • Create custom alerts for specific article and case topics and so much more!


Hello! I'm Law360's automated support bot.

How can I help you today?

For example, you can type:
  • I forgot my password
  • I took a free trial but didn't get a verification email
  • How do I sign up for a newsletter?
Ask a question!