Phone recording legality

I see many shops here in California that require you to record phone calls. As I understand it, California law requires you to inform the other party that you are recording them, unless it's in a public setting. A phone call is not a public setting. So I'm just wondering if doing these shops are actually illegal?

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More About Phone Shops

There is some confusion about that. In two party states consent doesn't always have to be given for each instance. For instance, and as it applies here, in many cases employees sign a consent waiver when they are hired, especially in call center type situatiations. If someone is doing phone shops you can be assured the client has had each employee sign a waiver. Any reputable MSC will ensure this to begin with, but on top of that an employer would be sued to the moon and back if they did not. None of the parties are dumb enough to do this.

There are reasons that a body stays in motion
At the moment only demons come to mind

Another consideration with phone shops. How often have you been on hold while waiting for a rep and heard the disclaimer, "This phone call may be recorded for training purposes?" By staying on the line it is your implied consent to be recorded regardless of where you are located and you can be sure the employees have provided consent.

Equal rights for others does not mean fewer rights for you. It's not pie.
"I prefer someone who burns the flag and then wraps themselves up in the Constitution over someone who burns the Constitution and then wraps themselves up in the flag." -Molly Ivins
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@bgriffin wrote:

None of the parties are dumb enough to do this.

Never underestimate the potential stupidity of corporations.

Actually, when it comes to some of the parties, they have proven dumb enough. Here is a true story: I get a call from an MSC saying that they need a video shop done in PA. It is a competitor shop. I ask how the client managed to get the competitor's employees to sign waivers to be recorded, since PA is one of 14 states requiring prior consent of both parties. The scheduler says she will check, but is sure this is not a problem. Sure enough, the client replies that they attorneys said there is no bar to recording without consent, since it is video. They even cite the SCOTUS opinion on video recording. I explain that it appears that the attorneys were asked the WRONG question, because it is NOT the video that is barred by PA law. It is the AUDIO. Scheduler and her manager go back to client. Oops. Client attorney says, "Well, of course you cannot AUDIO record without consent in PA. Why didn't you say so?" MSC come back, tells me that this is now a written non-video shops but I will be paid at the video rate. No "thank you" to me for the good catch. So, shoppers, ask if you are uncertain that the client and/or MSC are dumb enough to make a similar mistake.

Yes, I know. The OP was asking about audio, but it never hurts to point out that it is not dumb to ask!

Based in MD, near DC
Shopping from the Carolinas to New York
Have video cam; will travel

Poor customer service? Don't get mad; get video.

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Phone recording legality

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