If you are in California and wonder whether you can record a phone call — maybe to protect yourself, gather evidence, or simply for your records — you’re not alone. California’s laws on recording private conversations are among the strictest in the United States. Whether a call is legal to record depends on consent, privacy expectation and whether the conversation is “confidential.”
This article explains how the law works in California, what “two-party consent” means, potential penalties, exceptions, and what you should know before hitting the record button on any call.
Understanding California’s Recording Laws
What law applies
The key law is California Penal Code § 632 (often in combination with California Penal Code § 632.7), which together make up part of the state’s privacy protections often called the “Invasion of Privacy Act.” (egattorneys.com)
Under these statutes, it is generally illegal to record or eavesdrop on “confidential communications” — including telephone calls, VoIP, or internet calls — if you do not have consent of all parties involved. (FindLaw Codes)
What is “two-party consent”
Because of this requirement, California is classified as a two-party consent state (or “all-party consent”). That means — every person on that call must agree before the call can be recorded. (HG.org)
It does not matter if you are a participant in the call. Even a party to the call cannot legally record it unless all other participants consent. This was clarified by the state’s highest court in a decision interpreting Section 632.7. (severson.com)
When Recording Is Illegal in California?
Here are situations where recording a phone call or conversation would likely be illegal under California law:
- You record a telephone call without informing the other party and without their explicit consent.
- You record a private conversation (phone, in person, video call, messaging call) where the participants expect privacy.
- You record a cell phone call, cordless call, or internet call without consent of all involved. (The 632.7 update makes the law apply to mobile/cell/cordless phone calls, not just traditional landlines.) (supreme.courts.ca.gov)
- You secretly record coworkers, clients, friends, family — any person who has a reasonable expectation that the conversation is private — without their agreement.
In such cases, the recording would be considered “eavesdropping” or “interception” under the statute — a criminal offense. (shouselaw.com)
Read More: Is it illegal to record phone calls?
Penalties and Legal Consequences
Violating California’s recording laws can carry serious consequences.
- Under Penal Code § 632, a first violation may result in a fine of up to US$2,500 and/or up to one year in county jail (or, in more serious cases, state prison). (FindLaw Codes)
- For repeat offenders (or if other related statutes are involved), fines may increase — up to US$10,000 per violation in some cases. (FindLaw Codes)
- Apart from criminal penalties, the person recorded may also file a civil lawsuit for damages. Some provisions allow for statutory damages (for example, civil damages of up to three times any actual damages or a fixed amount).
- Additionally, if you record without consent, the recording may be inadmissible in court (i.e. cannot be used as evidence) — which defeats the purpose if you’re recording to prove wrongdoing.
Because of these risks — criminal charges, fines, jail time, civil liability, and loss of evidence — most lawyers would strongly discourage recording without consent.
When Recording Might Be Legal — Exceptions & Considerations
The law does provide a few narrow exceptions and considerations where recording may be lawful.
Situations with no expectation of privacy
If the call/conversation is not “confidential” — e.g. it takes place in a public forum, or participants themselves expect others may overhear or record — then the consent requirement might not apply.
For example:
- A call made in a noisy, public cafeteria where the parties know it’s unlikely to remain private might not be considered confidential.
- A public meeting, open forum or governmental hearing where recording is expected.
Consent by all parties
Of course, the simplest lawful way to record is to obtain the explicit consent of all parties. That can be done verbally (e.g. “Do you mind if I record this call?”) prior to the conversation — and ideally, recorded agreement — or written consent.
Criminal acts or serious wrongdoing exception
Under limited circumstances, recording may be allowed if you reasonably believe it will be used to gather evidence of certain crimes (for example, violent felonies) committed by the other party. Some legal analyses interpret that as a narrow carve-out. (egattorneys.com)
However, such exceptions are complicated and risky. If you rely on them, you should consult a qualified attorney — there is no broad right to record under that theory.
Examples: What’s Allowed & What’s Not
Here are some practical examples to show when recording a call is legal — or not — under California law.
❌ Illegal without consent
- You are on a private call with a friend or family member, and decide to hit record — without telling them. That’s almost always illegal.
- You are a company employee and secretly record a call between a coworker and your boss during a private conversation.
- You record a one-on-one Zoom/video call without notifying the other person.
✅ Legal (or legally safer) situations
- Before starting a call, you ask: “Do you mind if I record this?” and the other person explicitly agrees. You record with full consent.
- You attend a public meeting or open call (e.g. a town-hall or open seminar) where participants expect others could listen or record.
- There is credible reason to believe a violent crime is being committed and you record to collect evidence — but this is a gray area and must be approached with caution.
Why California Adopted Two-Party Consent
California’s strict consent requirement reflects a strong public interest in privacy. The law treats recorded conversations as potential invasions of privacy — especially when done secretly — because:
- People have a reasonable expectation of privacy when talking over the phone or in private settings.
- Secret recordings can be shared widely or used maliciously.
- Recording without consent undermines trust and reduces individuals’ control over how their own voice and words are used.
Thus, by requiring consent of all participants, the law aims to balance free speech or record-keeping interests with personal privacy protections.
What to Do If You Think a Call Is Being Recorded Illegally
If you believe a call was recorded without your consent — or you want to record but aren’t sure about consent — here are recommended steps:
- Ask for consent, and get explicit permission from all parties before recording.
- If you suspect privacy has been violated, consult with a licensed California attorney to discuss potential civil or criminal complaints.
- Avoid using secret recordings — if used illegally, they’re likely inadmissible in court and could expose you to liability.
- If you are in a situation involving crime (harassment, threats, violence), rely instead on law enforcement or legal processes; don’t assume secret recordings automatically protect you.
Conclusion
In short: yes — in most cases it is illegal to record a phone call in California without the consent of all parties involved. The state follows two-party consent rules under its Invasion of Privacy Act (Penal Code § 632 and § 632.7). Recordings made secretly, without consent, expose you to criminal penalties, civil lawsuits, and risk of the recording being inadmissible in court.
If you need to record for safety, evidence, or personal record — the safest and most lawful approach is to clearly ask permission first. If in doubt, get legal advice.
FAQ Section: Recording Phone Calls in California
Is it illegal to record a phone call in California?
Yes. In most situations, it is illegal to record a phone call in California without the consent of all parties involved. California is a two-party consent state, meaning everyone on the call must agree to the recording.
Does California require two-party consent for phone calls?
Yes. California law requires all parties to give permission before a call or conversation can be recorded. This applies to phone calls, video calls, and in-person conversations that are considered private.
What law governs phone call recording in California?
California Penal Code 632 and 632.7 regulate the recording of calls and confidential conversations. These laws protect individuals from being recorded without their knowledge.
Can I record a phone call if I am part of the conversation?
Not without consent. Even if you are part of the call, you must get permission from all other participants before recording.
What counts as consent for recording?
Consent can be verbal, written, or recorded during the call. The safest option is to clearly tell the other person that you want to record and capture their agreement in the recording.
What is a “confidential communication”?
A confidential communication is a conversation where at least one person reasonably expects privacy. Most personal calls, business calls, and private conversations fall under this category.
What are the penalties for recording a call without consent?
Penalties may include fines, possible jail time, and civil lawsuits. In many cases, illegally recorded audio cannot be used in court as evidence.
Can employers record employee phone calls in California?
Yes, but only with notice or consent. Employers must inform employees and callers that calls may be monitored or recorded.
Is it legal to record a Zoom or video call in California?
Yes, but only with consent of all participants. Screen recording a video call without permission is treated the same as recording a phone call.
Can secretly recorded calls be used in court?
Generally, no. Illegally recorded conversations are often inadmissible in California courts and may lead to penalties for the person who created the recording.
Can I record a call to gather evidence of wrongdoing?
This is risky. California law still generally requires consent, even if you believe the call contains important evidence. You should consult a lawyer before recording in such situations.
Is it legal to record a call with someone in another state?
If one party is in California, California’s two-party consent rule often applies. When states have different consent laws, the stricter law usually governs.
Can someone sue me for recording them without permission?
Yes. Individuals can sue for damages if their privacy is violated by an unlawful recording.
How can I legally record a call in California?
Simply get permission from all participants. A quick statement like “I want to record this call, is that okay?” at the beginning of the call works.
