By Tamara Burns  |  August 4, 2017

Category: Consumer News

Recording on a digital voice recorderConsumers are wondering if 99 Cents Only stores may be in violation of California invasion of privacy laws by recording phone calls without consumer consent.

California invasion of privacy laws surrounding call recording state that individuals or businesses may not record phone calls without the consent of both parties on the call. These laws apply to both calls received and calls made while in California.

When placing a call to a business, most of us have heard a recording prior to being connected with a customer service representative that indicates that calls may be monitored for training or quality assurance purposes. Alternatively, a live customer service representative may inform the caller about the recording of the phone call.

If a California customer stays on the line after hearing this warning, this implies consent, and California invasion of privacy laws have not been violated.

Businesses are not required to get consent in writing nor are they required to get express verbal consent – simply remaining on the line after being informed that the call may be recorded is sufficient to qualify as gaining consent for the recording of a phone call in California.

However, if this warning is not given and the call is recorded for training, quality assurance or other purposes, this can be considered a violation of California invasion of privacy laws.

A number of companies have already paid millions of dollars in settlements for inappropriately recording phone calls, thus violating patient of privacy laws. If a business has been found to have violated California invasion of privacy laws, they may be subject to damages amounting to $5000 per violation or for a total of three times the amount of actual damages suffered.

HSBC is one such company who allegedly violated California invasion of privacy laws. A settlement was recently reached with the company for $13 million that aimed to settle a total of three class action lawsuits.

In this case, HSBC denied any wrongdoing, yet agreed to the settlement in order to avoid the burden, uncertainty and expense of continuing the litigation. Class members who opt in to this settlement will be compensated by HSBC, and the compensation per eligible individual will vary based on the total number of eligible claimants who opt in to the lawsuit settlement.

Wyndham is another company that was hit with a lawsuit alleging that it violated California invasion of privacy laws when it recorded phone conversations of callers without their consent. The settlement for Wyndham Hotels and Resorts totaled $7.3 million.

In this class action lawsuit against Wyndham, eligible class members were set to receive between $150 and $5000 per each call they received that violated California privacy laws.

Did 99 Cents Only Stores Violate California Invasion of Privacy Laws During Your Call?

If 99 Cents Only stores recorded your phone conversation while you were in California without your consent, you may qualify for a class action lawsuit investigation concerning California invasion of privacy laws.

An attorney can speak with you during a free, no-obligation consultation in order to gather the details of your situation and can advise you on your eligibility to take further legal action.

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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