California Wiretapping Law

In my work as a California-based insurance claims adjuster, I frequently have to take recorded statements from insureds, claimants, witnesses or experts.

When out in the field, I use a hand-held recorder. If I am assigned to take a recorded statement over the phone, I have recording equipment attached to my phone land line for this purpose. It has a feature that puts out an audible beep every few seconds to remind the person on the line that the conversation is being recorded.

It is procedure to begin a recorded telephone (or an in-person) interview with this statement to the person:

This is Armand Vaquer and today's date is XXXXXXXXXX. Mr./Mrs./Ms XXXXXX, do you undertstand that I am making a recording of this conversation? Do I have your permission to record this conversation?

After this, I begin the questioning.

This procedure is made necessary due to the California Wiretapping Law.

Essentially, the law stipulates (Source: Citizen Media Law Project):

California's wiretapping law is a "two-party consent" law. California makes it a crime to record or eavesdrop on any confidential communication, including a private conversation or telephone call, without the consent of all parties to the conversation. See Cal. Penal Code § 632.

If you are operating in California, you should always get the consent of all parties before recording any conversation that common sense tells you might be "private" or "confidential." In addition to subjecting you to criminal prosecution, violating the California wiretapping law can expose you to a civil lawsuit for damages by an injured party. See Cal. Penal Code § 637.2.

So if you are in California or calling someone within California from out-of-state and get the "brainy" idea about recording telephone conversations without the other person's knowledge and permission, you best forget it.