Can you record a phone call in California?
Everyone on the call must agree before you record it. California's Invasion of Privacy Act makes recording a confidential or mobile phone call without all parties' consent a crime and grounds for a lawsuit.
- Phone calls
- Penal Code 632 bans recording a confidential communication, including a phone call, without the consent of all parties. Penal Code 632.7 bans recording any call involving a mobile or cordless phone without everyone's consent, even if nothing private is said. The California Supreme Court held in 2021 (Smith v. LoanMe) that this applies to participants too, not only eavesdroppers.
- Business calls
- Announce the recording at the start of every call, before it begins. Businesses with yearly revenue of $26.625 million or more, or that buy, sell or share data of 100,000 or more Californians, must also follow the California Consumer Privacy Act: a notice at collection, and rights to know, delete, correct and opt out.
- What counts as consent
- Tell everyone at the start, before recording, and get their agreement. A clear warning can mean the call is not confidential under section 632, but calls with a mobile or cordless phone still need everyone's consent under section 632.7. The law does not list approved methods.
- Penalties
- First offense: a fine up to $2,500 per violation, jail or prison, or both. Repeat offense: fine up to $10,000. People recorded can sue for $5,000 per violation or three times actual damages, whichever is greater.
Say this at the start
Telling everyone and asking is the safe habit everywhere.
- English
Before we start: I record my calls so I can keep accurate notes. Is that OK with you?
Worth knowing
- California's all-party rule also protects Californians called from one-party states (Kearney v. Salomon Smith Barney, California Supreme Court, 2006).
- Senate Bill 690, signed on 30 September 2026, limits website-tracking lawsuits from 2027. It does not change the rules for recording calls.
Sources
Checked on 14 October 2026. A plain summary of the law, not legal advice.
Other states
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Questions
Is California a one-party consent state?
No. Everyone on the call must agree before you record it. California's Invasion of Privacy Act makes recording a confidential or mobile phone call without all parties' consent a crime and grounds for a lawsuit.
Can a business record calls in California?
Announce the recording at the start of every call, before it begins. Businesses with yearly revenue of $26.625 million or more, or that buy, sell or share data of 100,000 or more Californians, must also follow the California Consumer Privacy Act: a notice at collection, and rights to know, delete, correct and opt out.
What counts as consent in California?
Tell everyone at the start, before recording, and get their agreement. A clear warning can mean the call is not confidential under section 632, but calls with a mobile or cordless phone still need everyone's consent under section 632.7. The law does not list approved methods.
What happens if you record a call illegally in California?
First offense: a fine up to $2,500 per violation, jail or prison, or both. Repeat offense: fine up to $10,000. People recorded can sue for $5,000 per violation or three times actual damages, whichever is greater.
Hang up. The notes are done.
Superscribe records your business calls on the number you already have and writes the note when you hang up. You say one line at the start, and it does the rest.
