Is California a two-party consent state for recording phone calls?

What the Law Says

California law strictly prohibits recording or eavesdropping on 'confidential communications' without the consent of all parties involved.

A 'confidential communication' is any conversation where one party reasonably expects privacy — including most phone calls, video calls, and in-person conversations not intended for public hearing.

The law applies whether the recording is done in person, by phone, or using any electronic device. It does not matter if the recorder is a participant in the call — they still need everyone’s consent.

There are narrow exceptions, such as recordings made to protect against criminal activity (e.g., threats of violence or extortion), but these require careful legal analysis and do not apply to routine business or personal calls.

Statutory Text

A person who, intentionally and without the consent of all parties to a confidential communication, uses an electronic amplifying or recording device to eavesdrop upon or record the confidential communication… is guilty of a crime.

— Penal Code § 632(a) — Eavesdropping and recording confidential communications

Statutory Text

For the purposes of this section, 'confidential communication' means any communication carried on in circumstances as may reasonably indicate that any party to the communication desires it to be confined to the parties thereto.

— Penal Code § 632(c) — Definition of confidential communication

Statutory Text

A person who violates Section 632 is liable for civil damages of not less than three thousand dollars ($3,000) or three times the amount of actual damages, whichever is greater.

— Civil Code § 1708.8(b) — Civil liability for recording

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