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California Supreme Court Increases Privacy Protections for Covered Cellular Communications | Akin Gump Strauss Hauer & Feld LLP

Key Points The California Supreme Court overturned the California Court of Appeals to hold that a party to a phone call can violate California Penal Code section 632.7 by recording the conversation without the consent of the other party. The Court emphasized California’s public policy of protecting privacy in communications, closing the gap between the protections attached to landline communications and those afforded to calls involving a cellular or cordless telephone. Companies must continue advising their customers that calls are being recorded at the outset of all calls. On April 1, 2021, the California Supreme Court ruled that California Penal Code section 632.7 prohibits both parties to a communication and nonparties, such as an individual who covertly intercepts and eavesdrops on a phone call, from recording a communication without the consent of all participants. In so holding, the Court increased the privacy protections for covered communications and aligned the protec

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