State recording law reference
California call recording laws
Obtain consent from every participant before recording a confidential telephone conversation under § 632. Section 632.7 separately requires all parties’ consent for covered calls involving a cellular or cordless telephone, without a confidentiality requirement.
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California: the rule and its scope
This reference is not legal advice. The labels describe conservative recording practices. They do not determine which law applies to your call. Confirm the current law with qualified counsel, including each participant's actual location and any industry-specific rules. A phone number's area code does not establish a person's location.
Safest practice for this reference
Ask every participant for consent
Who must agree
Smith v. LoanMe holds that § 632.7 applies to participants as well as third parties. Merely being a participant does not remove the consent requirement. Its confidentiality discussion confirms that the § 632 and § 632.7 rules differ.
Official source: California Invasion of Privacy Act, Cal. Penal Code §§ 632(a), 632.7(a), 637.2; Smith v. LoanMe, Inc., 11 Cal. 5th 183 (2021).
Exceptions and penalties
- Exceptions and limits
- The confidentiality limit belongs to § 632. It does not remove the separate § 632.7 protection for covered cellular and cordless calls. Current statutory exceptions require follow-up review.
- Penalties and remedies
- Unlawful recording can carry criminal liability and civil damages. Smith confirms both forms of liability under § 632.7 and references § 637.2. Current numeric penalties were not verified.
These are summaries of the linked sources. Read the statute for definitions, exceptions, and the full conditions that apply.
Calling between California and another state
For an interstate call involving California, this reference uses the more protective practice label for the selected jurisdictions. That practice does not decide which law governs the call. Check each participant's actual location and the other state's notes before recording.
For a person not acting under color of law, the federal statute permits interception when that person is a party to the communication or one party has given prior consent. This exception does not apply when the purpose is to commit a criminal or tortious act in violation of federal or state law. It does not settle stricter state requirements.
Federal source: 18 U.S.C. § 2511(2)(d). Compare the two states in the checker.
This reference was checked against the official 2024 U.S. Code edition. Later amendments have not been confirmed. Confirm them before relying on this reference.
A sample recording disclosure
With your permission, I would like to record this call to keep an accurate record of our conversation. Is that okay with everyone on the call?
Say this before starting the recording. Wait for an answer. If anyone declines, leave recording off. A script does not replace a review of the applicable law.
Nearby or related states
These links prioritize bordering states, then nearby states. Their consent rules, scope, exceptions, and verification status can differ.
California sources and review notes
- Cal. Penal Code §§ 632(a), 632.7(a), 637.2; Smith v. LoanMe, Inc., 11 Cal. 5th 183 (2021)
- Cellular and cordless calls: Penal Code § 632.7
- Official Supreme Court opinion: Smith v. LoanMe
- Reporters Committee discovery guide
Needs verification: Reviewed the official California Supreme Court opinion in Smith v. LoanMe. It supports the stated telephone distinctions and the participant holding. Current statute text, penalties, and amendments still need confirmation from the official California Legislature source.
Last reviewed: . Statutes and interpretations can change. Ask qualified counsel about your call, all participant locations, and recording purpose.
Related tools and guides
Frequently asked questions
Is it legal to record a conversation in California?
This reference provisionally classifies California as all-party consent, but the current official rules still need verification before you rely on that classification.
What is the safest recording consent practice in California?
Ask every participant for explicit consent while the cited rules receive further verification. Smith v. LoanMe holds that § 632.7 applies to participants as well as third parties. Merely being a participant does not remove the consent requirement. Its confidentiality discussion confirms that the § 632 and § 632.7 rules differ.
Which statute covers call recording in California?
California Invasion of Privacy Act, Cal. Penal Code §§ 632(a), 632.7(a), 637.2; Smith v. LoanMe, Inc., 11 Cal. 5th 183 (2021).
What if a California call crosses state lines?
For an interstate call involving California, this reference uses the more protective practice label for the selected jurisdictions. That practice does not decide which law governs the call. Check each participant's actual location and the other state's notes before recording.
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