Recording Calls Without Consent
California’s privacy laws prohibit the recording of calls to cell phones without giving proper notice that the call will be recorded. Nationstar Mortgage, LLC is settling a class action alleging it did just that—placed calls to cell phones and recorded them without notice or consent.
Twilio, Inc., a cloud communications service company, is settling a call- and text-recording class action for $10 million. Twilio provides cloud communications services, including for customers Handy, Homejoy, and Trulia.
California passed its California Invasion of Privacy Act (CIPA) as long ago as 1967. The complaint for this class action brings suit under this law alleging that Sequium Asset Solutions, LLC recorded telephone conversations with consumers without authorization or permission from the consumers.
Can’t Live Without It, LLC does business as S’Well Bottle. The company is now settling a class action alleging that it violated California privacy laws by recording calls consumers made to its toll-free phone numbers without the consumers’ consent.
PF Chang’s China Bistro, Inc. and Pei Wei Asian Diner are settling a class action alleging the company violated California privacy laws by recording consumer calls to its toll-free number without the consumer’s permission.
Medicredit, Inc. and the Outsource Group, Inc. are setting aside $5 million to settle a class action alleging violations of California privacy laws. The complaint alleges (a) that Medicredit recorded calls to consumer cell phones without the consent of the cell phone owners and (b) that the Outsource Group is responsible for Medicredit’s actions.
When plaintiff Tuan Nguyen spoke to SquareTrade, Inc. on the telephone, she had no idea that the call was being recorded. According to the complaint for this class action, that recording was a violation of the California Invasion of Privacy Act (CIPA), which requires the permission of all parties before recording cell phone calls.
California is more proactive than most states in protecting its citizens’ privacy, partly through its Invasion of Privacy Act (CIPA). The complaint for this class action alleges that Purity Products International violated that law when it recorded a call placed to it by plaintiff Richard Wuest. Wuest called Purity to order one of its products after hearing a radio ad, and at no time, the complaint alleges, did the representative inform Wuest that he would be monitored or recorded, and Wuest contends that he was not aware of being recorded. However, later that day, Wuest did some Internet research on Purity, the complaint claims, then called the company back and asked if Purity recorded calls. According to the complaint, the person he spoke to told him that all calls were recorded.
California’s Invasion of Privacy Act (CIPA) was passed fifty years ago and amended in 1992 to add the recording of cell phone calls to its privacy concerns. Plaintiff Florence Morris alleges that Sunrise Credit Services violated this law when it recorded four calls to her cell phone without giving her notice or getting her consent.
According to the complaint for this class action, plaintiff Yvonne Madrid received a call from Sterling Jewelers on her cell phone on April 13, 2017. The complaint alleges that at no point did the company representative announce that the call was being recorded or ask Madrid if she consented to the recording. Yet at the end of the call, when Madrid asked if the call had been recorded, the complaint alleges that Sterling’s representative said, “Yes.” According to the complaint, the recording of this call and the alleged recording of a second call violate the California Invasion of Privacy Act.