California
Although CA is a 2 party state, you can also record a conversation if you include that annoying beep on the recorder and for the parties to hear. California prohibits telephone monitoring or recording, including the use of information obtained through interception unless all parties to the conversation consent. Penal Code Secs. 631, 632. There is no statutory business telephone exception and the relevant case law all but excludes this possibility. California courts have recognized "implied" consent as being sufficient to satisfy the statute where one party has expressly agreed to the taping and the other continues the conversation after having been informed that the call is being recorded. Violation is punishable by a fine of up to $2,500, imprisonment for not more than one year, or both. A civil plaintiff may recover the greater of $3,000 or three times the amount of any actual damages sustained.
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