Can I record my own telephone calls in CA w/o the other party knowing?

Question

1) I live in CA, may I record my telephone calls without the other party knowing?
2) May i record my own telephone calls if the other party started the phone conversation with "this call may be recorded or monitored for...."? (note that they do not know that I myself am also recording the call on my end)

Answer 1

Not legally.

Answer 2

California is a "two-party consent" jurisdiction when it comes to recording.

http://www.citmedialaw.org/legal-guide/california-recording-law



Now the fact that they are also recording could be questioned if that means that you can record too. I think it could be interpreted that way, but probably is a gray area and it would be necessary to check if there is any court ruling about it.



On the meanwhile just to be safe reply back "this call may be recorded or monitored too...." (make sure to record that warning too) if the other party keep talking after the warning then that's an implicit consent.



And don't let people bully you on the phone; if they don't agree to be recorded then just hang up.

Answer 3

It only take one of the parties to ok it. If you are one of the parties, then you are ok to record it.

Answer 4

Illegal. You need consent both ways.

Answer 5

nope. you have to tell them.