Bad advice, corrected · checked 19 October 2026
In California, an AI note-taker on a confidential call can need everyone's consent.
Penal Code 632 bars recording a confidential conversation without the consent of all parties. A 2025 class action against Otter.ai makes that claim about its note-taker.
The short version
California Penal Code 632 makes it illegal to record a confidential conversation without the consent of all parties. An AI note-taker on the call can count.
Anyone injured can sue for at least $5,000 per violation. A 2025 class action against Otter.ai makes this claim.
Before the bot joins, say it's recording and get a yes from everyone on the call.
Sources
Checked on 19 October 2026.
"A person who, intentionally and without the consent of all parties to a confidential communication, uses an electronic amplifying or recording device to eavesdrop upon or record the confidential communication"
California Penal Code section 632. Subdivision (a). "Any person who has been injured by a violation of this chapter may bring an action against the person who committed the violation for the greater of the following amounts: (1) Five thousand dollars ($5,000) per violation. (2) Three times the amount of actual damages, if any, sustained by the plaintiff."
California Penal Code section 637.2. Subdivision (a). "the California Invasion of Privacy Act ("CIPA") Cal. Penal Code §§ 631 and 632"
Brewer v. Otter.ai, Inc., class action complaint. U.S. District Court, Northern District of California, No. 5:25-cv-06911, filed 15 August 2025. Among its claims.
The Otter.ai case is a set of allegations, not a finding. It is now In re Otter.AI Privacy Litigation and is still open. A conversation is confidential when the circumstances show a party wants it kept between the parties.
Watch
Psst posts every video on these channels.
Psst is made by Zain Ali, who founded ivector, a software company.