British Airways Suspected of Recording Conversations in California

British Airways is one of several companies currently under investigation for possibly recording conversations in California without consent.

According to California’s Invasion of Privacy Act, it is illegal to start recording conversations in California without the permission of both the caller and the recipient of the call. This is true whether it is an inbound or outbound phone call and if the caller or recipient is calling from or receiving the phone call in California.

Recording conversations in California without the consent of both parties comes with consequences, because there has been a statewide interest in protecting the privacy of California citizens. Laws have been written and updated as new technologies have made their debut and older technologies have gone by the wayside to continue to protect this privacy.

Most businesses are aware of how stringent the state is about recording conversations in California. While California is not the only state with a two-party consent law-–there are about 11 altogether—it is a state where there is more awareness among the populace and more legal complaints filed concerning violations.

In California, if an inbound customer service line records a service call without asking permission, it can be charged $5,000 per incident. If the injured party can prove actual damages, that figure may rise significantly to up to three times those damages per incident.

British Airways is not the only airline that is being investigated in for possibly recording conversations in California without consent. Also under scrutiny in this matter is Czech Airlines and Malaysia Airlines. In addition, there are a handful of other businesses being investigated for overlooking the need to get prior consent. These businesses include:

• AMF Bowling
• Baja Fresh
• Casino Royale (Las Vegas)
• Miele
• Pei Wei Asian Diner
• TGI Fridays
• 99 Cents Only Stores

It should be mentioned that consent to recording is implied if the caller chooses to remain on the line after hearing the standard pre-recorded caveat that most callers hear when they call a customer service line, “this call may be recorded for quality control purposes.” This implied consent is enough to satisfy California’s legal requirements.

British Airways may have overlooked the need to get this consent prior to recording customer service phone calls. Historically, businesses that have overlooked this requirement have faced significant liabilities. Some have decided to settle out of court, but paid millions in settlements to satisfy complainants.

If you feel your right to privacy has been overlooked by the failure to get your consent prior to recording, you may qualify to join a class action investigation. When violations are brought before a court in aggregate, they can add up to a significant monetary deterrent for a business.

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