The state of California has some of the strongest consumer protection laws, some of which prohibit companies from recording phone calls without the consumer’s consent.
While companies routinely record calls for customer service reasons, they will typicaly mention that recording in a disclosure to the consumer at the beginning of the calls. The airline AeroMexico may be one of the companies in hot water if they have recorded phone calls without the consumer’s consent.
AeroMexico is a commercial airline with a fleet of 70 aircraft including jets Boeing 777 and MD 80. AeroMexico conducts over 300 daily flights to nearly 50 different cities in Mexico and over 20 destinations in the United States and Canada, plus other international destinations in Asia, Europe, Central and South America. AeroMexico is part of the global airlines alliance SkyTeam, making the airline accessible for thousands of customers.
Customers routinely call AeroMexico to confirm their tickets and bookings. While AeroMexico customer service may record these conversations for record keeping purposes, the company must still adhere to state law when talking to customers.
This is especially prevalent in the state of California, which requires the consent of both parties for the conversation to be recorded.
Overview of California Call Recording Allegations
Under the state of California, consent can be granted by simply disclosing the fact that the call may be recorded when the other party calls in.
Even though a disclosure may be all that is required, a number of companies have been reportedly failing to provide disclosure regarding call recording.
Historically, this law has two areas that legal experts focus on: sections 632 and 632.7. Section 632 prohibits one party from eavesdropping on a recording of “confidential communication” without the consent of all party members of the recording.
Section 632.7 focuses on regulating communications involving cell phones and other wireless communication devices, stating that any person who “intercepts or receives and intentionally records” a call without the consent of all parties involved is in violation.
If AeroMexico and other companies are found to be in violation of California state law, the companies could be forced to pay $5,000 per each recording violation.
California residents who believe their customer service call was recorded without their consent may be able to file legal action against the company. Potential claimants should contact a knowledgeable California privacy rights 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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