Yelp Class Action Says Phone Calls Recorded Without Consent

In a recent Yelp class action lawsuit, a Los Angeles man says Yelp has been recording phone calls without the other party’s consent.

Plaintiff David Schram claims defendant Yelp Inc. has been violating California law by failing to get consent before recording phone calls placed to and from its facilities.

The company either fails to disclose the recording or discloses it only after some of the phone conversation has already been recorded, he claims.

Schram says that in August 2016 he made multiple phone calls, using a cordless phone, to Yelp’s finance department.

During most of those calls, he says, there was no indication that Yelp was recording the conversation. However, in one of the later such calls, he claims, Yelp’s agent informed him that the calls were being recorded. Prior to that notice, Schram says he had no way of knowing his calls were subject to recording.

“There was no automated advisory at the beginning of the call informing Plaintiff that the call may be monitored or recorded, Defendant’s representatives never informed Plaintiff that the calls were being recorded,” he alleges. “Instead, the Defendant failed to provide any advisory whatsoever.”

Schram alleges Yelp maintains a pattern and practice of recording both inbound and outbound phone calls, made both within California and throughout the U.S., without getting the other party’s consent to record the call. As part of this alleged practice, he claims, Yelp neglects to inform the recorded party about the recording at the outset of the call.

According to this Yelp call recording class action lawsuit, recording a phone conversation this way violates provisions of the California Penal Code.

Section 632 of that code prohibits one party to a phone conversation from intentionally recording that conversation without the knowledge or consent of the other party, Schram claims. This provision makes California what is known as a “two-party consent” state.

A separate provision specifically prohibits making such a recording while the person being recorded is using a cellular or cordless phone.

Schram seeks to represent a plaintiff Class consisting of all persons in California whose phone conversations using a cellular or cordless phone were recorded by Yelp without their consent within one year prior to the filing of this Yelp call recording class action lawsuit.

He is asking for a court injunction barring Yelp from continuing to record both incoming and outgoing phone calls with California residents without their prior consent, as well as an award of statutory damages of up to $5,000 per violation or three times the amount of actual damages.

He also seeks punitive damages, disgorgement of related revenues, and reimbursement of court costs and attorneys’ fees, all with prejudgment interest.

The plaintiff is represented by attorneys Todd M. Friedman and Adrian R. Bacon of Law Offices of Todd M. Friedman PC.

The Yelp Call Recording Class Action Lawsuit is David Schram v. Yelp Inc., Case No. BC652472, in the Superior Court for Los Angeles County, California.