I understand the law about private communications in person and over the phone not allowing recording. However, in cases where a consumer records a conversation between him and a company offering them service (e.g. Comcast Cable), and before the human conversation begins there is a recorded notification that the call will be recorded for quality assurance, doesn't that count as consent? If anything, it proves intention for the business to record the call!

Thus, in a two-consent state such as California, if I were to record my call to Comcast, and that notice was heard over the phone, both parties (myself and the employee speaking with me) have consented by taking the call. Would this be legal then?

1 Answer 1


It depends, but a caller could certainly hit record when the computer answers and as soon as a person gets on the line say, "I am recording this call."

In other words:

"Hello this is Comcast, can I have your account number?"

"I am recording this call my account number is blah blah."

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