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California Call Recording Class Action


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California Call Recording Class Action

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Keller Grover LLP
415-543-1305


 

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Are you a California resident who was recorded without warning?

The State of California has laws in place that make it illegal for any person or business to record telephone calls without the consent of all the parties to the call. This applies for both inbound and outbound calls.

If you called a company or were called by a company while in California and you did not hear a warning that you that the call was being recorded, your privacy rights may have been violated.

 

888-535-5291

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Under California law, companies are not permitted to record phone calls without their customers' knowledge. Several companies have paid multi-million-dollar settlements for call-recording violations.

Companies that have violated or may be violating their customers’ rights by recording their conversations in California without warning include:

·         Romano's Macaroni Grill (888-972-2195)

·         Shaklee (800-742-5533)

·         Classic Hotels & Resorts (866-267-1321)

·         Arizona Grand Resort & Spa

·         Hotel Carmel

·         Laguna Beach House

·         La Playa Carmel 

·         The Inn at Laguna Beach

·         Southwest Rapid Rewards Program (800-445-5769)

·         Dermalogica (800-345-2761)

·         Cinnabon (888-288-7655)

·         Smith & Wesson (800-331-0852)

·         Unilever (800-298-5018)

·         TAP Portugal Airlines (800-221-7370)

·         Sanyo (866-212-0436)

·         Europcar (877-940-6900)

California has a long history of laws aimed at protecting the privacy rights of its citizens. In California’s Constitution, the right to privacy is considered an inalienable right. Other laws have been passed throughout the years to address privacy issues that have arisen with the advent of new technologies.

California generally prohibits the secret recording of telephone calls without a clear warning to all parties that the call is being recorded.

Not getting permission to record  from all parties to telephone conversation that is being recorded may be a violation of the California Invasion of Privacy Act. This means that, with few exceptions, when you are making or receiving a call in the State of California, a person or business that is recording the call must get the consent of all parties to the conversation before the call may be recorded.

Businesses often record customer service telephone calls based on the claim that the recording is for training purposes or for improving customer service. In some states, these calls may be recorded as long as the employee consents. But California, in almost all cases, requires that all parties involved in the conversation consent to the recording. This means that in almost all cases, both the employee and the customer must consent to have the telephone call recorded. Remaining on the line after hearing a recording warning implies consent.

Businesses that violate this law in California may be subject to damages in the amount of $5,000 per violation or, if greater, three times the amount of actual damages suffered.

If you live in California and you did not receive a warning when calling a toll-free number, your call may have been recorded in violation of California law, and you may be entitled to compensation.

Note: Please be sure to review the terms of use below.