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Subjects of unauthorized recording may look for redress in state wiretapping laws. Most states are “one-party consent” states, meaning that any individual involved in a conversation may record that conversation without the other participants’ consent or knowledge. However, eleven states, including California and Massachusetts, are “two-party consent” states, which require all parties involved in a conversation to know about, and consent to, recording.

California is among the states that recognize defamation "per se," which means damage is presumed if the defamatory statement:
  • Impugns a person's professional character or standing;
  • States or implies that an unmarried person is unchaste (e.g., is sexually active);
  • States or implies that a person is infected with a sexually transmitted disease; or
  • States or implies that the person has committed a crime of moral turpitude (e.g., theft or fraud).
Defamation victims can receive compensatory damages that may include out-of-pocket expenses as well as personal humiliation, mental anguish and suffering, and lost wages and benefits if the defamation caused the plaintiff to lose employment.