Calif. Call-Recording Cases: What To Watch For In 2013

Law360, New York (January 22, 2013, 12:45 PM EST) -- Courts have said that the California Invasion of Privacy Act (CIPA) (Cal. Penal Code §§ 630-637.5) was enacted by the legislature "to ensure an individual's right to control the firsthand dissemination of a confidential communication, and … to strongly protect an individual's privacy rights in electronic communications."[1]

Section 632 of CIPA requires the consent of all parties prior to recording confidential communications, while Section 632.7 of CIPA requires consent before recording certain mobile phone calls. Under Sections 632 and 637.2 of CIPA, aggrieved parties have been pursuing alleged violators and seeking statutory damages of $5,000 per violation or three times the...

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