The court determined that the law prohibiting secret recordings of phone calls covers parties to a call as well as third parties who are eavesdropping on it.
On Wednesday, October 7, 2020, the First District Court of Appeal in California ruled that California law prevents anyone from recording either side of a phone conversation without both parties' consent. San Francisco attorney Eric Gruber previously filed suit against Yelp, Inc., alleging violations of the California Invasion of Privacy Act ("CIPA") (Pen. Code, § 630 et seq.) for recording conversations between himself and Yelp sales representatives without his notice or consent. The trial court ruled in Yelp's favor on a motion for summary judgment, finding no triable issues as to whether Yelp violated CIPA. The First District Court of Appeal reversed and remanded the trial court's decision.