Akin Gump Strauss Hauer & Feld LLP

04/06/2021 | Press release | Distributed by Public on 04/07/2021 17:01

Law360 Publishes Akin Gump Article on California Supreme Court Phone Call Recording Decision

Akin Gump partner Neal Marder and associates Brett Manisco and Lauren Huennekens have written the Law360 article 'Defense Options After Calif. High Court Call-Recording Ruling,' examining a recent ruling by the California Supreme Court that '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.'

The authors write that the case arose out of a brief phone conversation between the defendant, the business loan provider LoanMe, and the plaintiff. In making its decision, they say, 'the court increased the privacy protections for covered communications and aligned the protections afforded to calls involving cellular or cordless phones with the safeguards applicable to calls involving only landlines.'

The article concludes with the suggestion that companies doing business and communicating 'with customers in California are well advised to implement policies and procedures ensuring that their representatives notify call recipients if a call is being recorded at the outset of any conversation.'

To read the article in its entirety, please click here.