California is a state that has strict laws governing call recording. In fact, California’s laws are stricter than federal laws governing the same things. These laws make it illegal for a customer who calls into Hunter Boots customer service or another company to be recorded without his or her consent in the state of California.
Many consumers who have called into Hunter Boots customer service and a myriad of other companies wonder if their phone calls have been recorded without their consent.
Call Recording in California
In California, if a person makes a call to Hunter Boots customer service line or any other customer service line, that phone call is protected by state privacy laws. California has some of the strictest laws in the country when it comes to privacy. The California state constitution protects the right to privacy as an inalienable right.
Since these laws were passed, other laws have also been passed regarding newer technologies like text messaging and sending faxes.
Both inbound and outbound calls, if a person resides in California or if a business is located in California, are protected by these laws.
Under these laws, calls to or from Hunter Boots customer service or another company cannot be recorded without the consent of all the parties on the phone call. For example, if a customer’s call to a business is recorded and only the customer service representative knows that the call is recorded and the caller does not, this violates state privacy laws.
Federal law only requires one party to be aware of the call recording, but state laws may provide more protection. The California Right to Privacy Act protects citizens from being recorded without their consent.
Many companies get around this by having a recording at the beginning of a customer service call that informs a customer that the call may be recorded. If the customer stays on the line, it is as if he or she is implying consent. If the person hangs up, consent for call recording is not granted.
If a company violates this and records a caller without his or her consent or records a caller without providing information to the customer that the call might be recorded, stiff penalties may result. In California, companies who violate these laws may have to pay $5,000 per offense or three times the amount of damages suffered by the customer.
Companies suspected of possibly violating their customers’ rights by recording their conversations in California without warning include:
- American Airlines: Lost Baggage, Cancelled Flight, Emergency Information Numbers
- British Airways
- Czech Airlines
- Dermalogica
- Fisher & Paykel
- Harman Audio
- JBL Audio
- Malaysia Airlines
- Miele
- Tupperware
If you reside in California and believe that your phone call to or from Hunter Boots customer service or one of these other companies has been recorded, your rights may have been violated. Speaking with an experienced attorney can help you determine your legal options.
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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