Flanagan v. Flanagan

Opinion

KENNARD, J.

California prohibits the recording of a telephone call without consent from all parties, but only if the call includes a “confidential communication.” (Pen. Code, § 632, subd. (a).) Violation of the law is a misdemeanor (ibid.) and may entail a civil penalty of $5,000 or three times the actual damages, whichever is greater (§ 637.2). Our Courts of Appeal have disagreed over the meaning of the critical term “confidential communication.” We granted review to resolve that disagreement.

One line of authority holds that a conversation is confidential if a party to that…