Filing a California Call Recording Lawsuit

A California man has filed a California call recording lawsuit against Chopard USA Ltd., claiming that his call was unlawfully recorded.

Plaintiff Mynor P. filed a putative class action California call recording lawsuit against Chopard USA, a subsidiary of Chopard International, a high end jeweler and watchmaker. Chopard USA Ltd was founded in 1995 and is based in New York.

According to his California call recording lawsuit, the plaintiff claims that when he called Chopard’s customer service line from his cellphone, the company recorded his call without informing him.

This, according to Mynor, violates California Penal Code 632.7 which states that the intentional, nonconsensual recording of any telephone conversations while one person is using a cellphone is unlawful.

Mynor’s California call recording lawsuit notes: “Plaintiff was not aware that the call was being recorded. Defendant did not, at any point during the telephone conversation with defendant’s customer service representative, advise plaintiff that the call was being recorded. Plaintiff did not give either express or implied consent to the recording.”

In December 2016, the plaintiff made a phone call to Chopard’s customer service line, and later learned that Chopard records all its calls and may or may not inform callers. Mynor claims that he was not informed of any recording.

His California call recording lawsuit alleges: “Plaintiff expected that his telephone call would be private due to the defendant’s failure to disclose any recording or monitoring.”

Even so, to violate California penal code a company need only intend to record the phone call.

Mynor’s California call recording lawsuit proposes a plaintiff Class that would include all of those people who called Chopard on a wireless phone from California and whose calls were intentionally recorded without Chopard disclosing that fact.

He believes that the defendant knew that they were violating California Penal Code 632.7 when they intentionally recorded customer calls.

Filing a California Call Recording Lawsuit

Many customer are not aware that California law forbids companies from recording phone calls without the consent of the caller.

In California, both parties must give consent to recording. Although simple disclosure is considered consent, many companies still fail to disclose call recording practices to those who call them.

Sometimes companies record calls for training or monitoring purposes, but they still must inform callers of the recording.

The California Invasion of Privacy Act protects the rights of individuals regarding call recording practices.

If you believe your call has been recorded without your consent you may be entitled to legal compensation and you may benefit from speaking to an attorney.

This California Call Recording Lawsuit is Case No. 2:17-cv -02939 in the United States District Court for the Central District of California.

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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. See if you qualify to file a California call recording class action lawsuit.

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