Amanda Antell  |  August 23, 2017

Category: Consumer News

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woman-with-laptop-and-phoneRecording phone calls is California can be conducted legally, as long as all parties involved give consent to being recorded. Otherwise, recording phone calls in California is considered illegal and in violation of the state’s two party consent law.

Consumer advocates are looking into whether companies like AeroMexico have been illegally recording phone calls in California, when placing or receiving customer service calls with California residents. AeroMexico consumers are wondering if this alleged call recording took place when they booked their airline tickets and to verify bookings.

The AeroMexico customer service line may have conducted these calls for quality control purposes, but may have violated California privacy laws by not getting consent from consumers.

As part of the SkyTeam airlines’ alliance, AeroMexico flies thousands of customers to over 80 international destinations. The airline company conducts 300 flights a day to nearly 50 different cities in Mexico, and over 20 destinations in the United States and Canada.

AeroMexico also provides flights to Asia, Europe, as well as Central American and South America. Even though this is a large airline with close alliances with American Airlines, AeroMexico still needs to follow state and federal policy when serving American consumers.

AeroMexico and other companies may conduct customer service calls or receive inquires from customers on a regular basis, but they must announce recording or get the consent of consumers before recording phone calls in California.

Overview of California Call Recording Policy

California is one of the most advanced states in consumer protection laws, and is one of few states mandating both parties consent before recording phone calls in California can take place.

The California Invasion of Privacy Act (CIPA) statute was established 40 years ago, which served as a base for California call recording laws. Call recording is a common business practice, which companies use for customer service training and assuring quality service.

Customer service phone calls made by consumers may be recorded, but companies are supposed to give some form of disclosure before the conversation begins. Often, companies will disclose the fact that the calls may be recorded with an artificial voice at the beginning of the call.

Customers will typically be asked to stay on the line or some other instruction for implied consent, so the call can be put through. If recording phone calls in California occurs without these warnings, the company may be in violation of state privacy laws.

In order for call recording to be legal in the state of California, all parties involved in the conversation must give consent before it can be recorded. California consumers who may have experienced illegal call recording may be able to file legal action against AeroMexico and other companies.

These call recording violations can quickly accumulate as companies or individuals can face up to $5,000 per call recording incident. These can also increase by three times the actual amount of damages sustained by the plaintiff.

Furthermore, plaintiffs can potentially collect statutory damages without having to prove any actual harm. Potential claimants should contact a lawyer, to determine eligibility for a California call recording lawsuit.

Join a FREE California Call Recording Class Action Lawsuit Investigation

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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