Joanna Szabo  |  March 19, 2018

Category: Consumer News

Top Class Actions’s website and social media posts use affiliate links. If you make a purchase using such links, we may receive a commission, but it will not result in any additional charges to you. Please review our Affiliate Link Disclosure for more information.

laptop, call recording, call centerIt’s common practice for businesses to record customer service calls, but some companies may be recording phone calls illegally, without permission from the consumer and in violation of California law. Several companies, including British Airways, are currently being investigated for their phone call recording practices.

If you have experienced a company like British Airways or another recording phone calls illegally, you may be able to join a class action lawsuit investigation.

Recording Customer Service Calls

Businesses with a policy of recording customer service calls generally do so for quality assurance purposes. If this phrasing sounds familiar, this is likely because you’ve been on a phone call and received the warning that the call was “being recorded for quality assurance.” This is a perfectly legal practice.

It is when you don’t hear these kinds of warnings prefacing a call, but suspect that the call is being recorded anyway, that there could be a problem.

Essentially, businesses that are recording phone calls illegally don’t give the person on the other end of the line warning that the call is being documented. The warning is meant to give the listener a chance to opt out.

If you are a California resident and have been subject to a company recording phone calls illegally, you may be able to join a class action lawsuit investigation, and may even be entitled to compensation.

Recording Phone Calls Illegally in California

Laws regarding recording customer service calls under California invasion of privacy law are stricter than the laws at the federal level. Under California law, entities, including businesses like British Airways, that fail to adequately warn all parties on the call of the recording are violating state privacy laws

The key is that the parties must be warned that the call is being recorded–California law mandates two-party consent. This is intended to offer a chance for the consumer to opt out of the recording altogether.

These warnings are often automated, and don’t give a chance to respond with a yes or a no. However, it’s not actually necessary to respond verbally to grant or deny permission for the recording to take place. In order to opt out, all a consumer has to do is hang up, which is enough to imply that permission has not been granted. Staying on the line, conversely, implies consent to be recorded.

If you believe that a company, say an airline like British Airways or American Airlines, is engaging in a practice of recording phone calls illegally, you may be able to file a lawsuit under state law. A few major companies have been hit with lawsuits over illegally recording customer service calls. Some of these lawsuits have ended in multi-million dollar settlements.

While California invasion of privacy law protects anyone who called or was called by someone else while in the state of California, this particular class action investigation applies specifically to California residents.

If you are a California resident and have been subjected to a company recording phone calls illegally, you may be able to seek compensation by participating in a California illegal call recording class action 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.

Join Now

We tell you about cash you can claim EVERY WEEK! Sign up for our free newsletter.

Leave a Reply

Your email address will not be published. By submitting your comment and contact information, you agree to receive marketing emails from Top Class Actions regarding this and/or similar lawsuits or settlements, and/or to be contacted by an attorney or law firm to discuss the details of your potential case at no charge to you if you qualify. Required fields are marked *

Please note: Top Class Actions is not a settlement administrator or law firm. Top Class Actions is a legal news source that reports on class action lawsuits, class action settlements, drug injury lawsuits and product liability lawsuits. Top Class Actions does not process claims and we cannot advise you on the status of any class action settlement claim. You must contact the settlement administrator or your attorney for any updates regarding your claim status, claim form or questions about when payments are expected to be mailed out.