US-CaliforniaCan I sue someone who recorded me without my consent?
Yes, you can sue someone in California for recording you without your consent in a private conversation or situation where you had a reasonable expectation of privacy.
What the Law Says
California has some of the strongest privacy protections in the U.S. for audio and video recordings — especially in private settings. The law treats unauthorized recording as both a crime and a civil wrong.
California is an 'all-party consent' state for audio recordings. That means it’s illegal to record a 'confidential communication' — any conversation where participants reasonably expect privacy — without the consent of everyone involved.
This rule applies to phone calls, in-person conversations in private places (like homes or offices), and even some video recordings with audio. Violating this law can lead to criminal charges and civil lawsuits.
You may also sue under California Civil Code § 1708.8 for 'invasion of privacy' if someone intentionally intrudes into your private affairs in a way that would be highly offensive to a reasonable person — such as secretly recording you in a bathroom, bedroom, or changing room.
Statutory TextA person who eavesdrops upon or records a confidential communication without the consent of all parties to the communication shall be punished by a fine not exceeding two thousand five hundred dollars ($2,500) per violation, or imprisonment in a county jail not exceeding one year, or by both that fine and imprisonment.
— Penal Code § 632(a) — Eavesdropping on confidential communications
Statutory TextAny person who violates Section 632 shall be liable to the party injured for three times the amount of actual damages, but not less than three thousand dollars ($3,000), or punitive damages.
— Penal Code § 632.2(a) — Civil liability for violations
Statutory TextA person is liable for invasion of privacy when the person intentionally intrudes, physically or otherwise, upon the solitude or seclusion of another… in a manner that would be highly offensive to a reasonable person.
— Civil Code § 1708.8(a) — Liability for invasion of privacy
What Courts Have Said
California courts have consistently upheld strong privacy rights in recording cases — emphasizing reasonable expectations of privacy and strict enforcement of consent rules.
Held that 'confidential communication' under Penal Code § 632 includes any conversation where a party reasonably expects no one else is listening or recording — even in shared spaces like offices, depending on context.
Confirmed that out-of-state companies conducting business in California must comply with § 632’s all-party consent rule for calls involving California residents.
What to Do
Confirm whether the recording involved a 'confidential communication' — ask: Was it private? Did you expect no one else was listening or recording?
Preserve evidence: Save the recording (if you have access), screenshots, texts, or witness statements.
Send a demand letter or consult a lawyer — you have up to 2 years from the violation to file suit under Penal Code § 632.2 and Civil Code § 1708.8.
File a civil lawsuit seeking statutory damages ($3,000–$5,000 per violation), actual damages, or punitive damages — no criminal charge required.
Sources
Not legal advice. This article is general information based on publicly available sources, written for educational purposes. Laws change and individual situations vary. Consult a licensed attorney in your jurisdiction before acting on anything you read here. Last reviewed: 2026-06-08.