News & Analysis as of

Audio Recording Confidential Communications

Seyfarth Shaw LLP

California Supreme Courts Holds That Recording Cell Phone Calls Without Consent Is Unlawful and Subjects Recorders to Class Action...

Seyfarth Shaw LLP on

Introduction - The Supreme Court of California, interpreting California Penal Code section 632.7, recently held in Smith v. LoanMe, Inc. that cellular or cordless phone conversations cannot be recorded by nonparties or...more

Akin Gump Strauss Hauer & Feld LLP

Defense Options After Calif. High Court Call-Recording Ruling

On April 1, the California Supreme Court ruled in Smith v. LoanMe Inc. that California Penal Code Section 632.7 prohibits both parties to a communication and nonparties, such as an individual who covertly intercepts and...more

Akin Gump Strauss Hauer & Feld LLP

California Supreme Court Increases Privacy Protections for Covered Cellular Communications

The California Supreme Court overturned the California Court of Appeals to hold that a party to a phone call can violate California Penal Code section 632.7 by recording the conversation without the consent of the other...more

Orrick - Employment Law and Litigation

Not Your Call: California Employers May Pursue Damages for Employees’ Illegal Recordings

In the age of smartphones, virtually everyone has a recording device at his or her fingertips—including employees. This can present challenges in the workplace. For example, smartphones and other technology enable employees...more

Payne & Fears

Key California Employment Law Cases: February 2018

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Rojas v. HSBC Card Services Inc., 228 Cal. Rptr. 3d 640 (2018)- Summary: Installing recording device and recording calls on company phones renders actions intentional under California Invasion of Privacy Act. ...more

Pillsbury Winthrop Shaw Pittman LLP

The Privacy Perils of Employees’ Personal Phone Calls

California court: Employers unwise to permit use of company telephones for personal calls — at least if the employer plans to record those calls. Two-party consent means two-party consent: All parties to a call must be...more

Wilson Sonsini Goodrich & Rosati

Monitoring and Recording Consumers’ Calls in California Can Be a Risky Practice

Many businesses monitor or record customer service, telemarketing, and other telephone calls with consumers to help them improve customer service and for evidentiary reasons. Under federal and many state laws, calls may...more

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