Recording Calls Without Consent Still Illegal, California Supreme Court Rules

California’s prohibition on secretly recording phone calls applies to both parties on the call and not just third-party eavesdroppers, the California Supreme Court ruled Thursday.

The court’s unanimous decision reverses the Fourth Appellate District’s opposite interpretation from 2019 that the law applies only to nonparties and does not forbid those on the call from recording each other without consent.
California’s penal code Section 632.7 makes it a crime to record or intercept a phone call “without the consent of all parties.”

This was the basis for a 2016 lawsuit by Jeremiah Smith, who claimed the loan provider LoanMe Inc. recorded him without his consent during an 18-second call in violation of Section 632.7. more