California Call Recording Lawsuit Alleges Violation of State, Federal Privacy Laws

Elite Home Energy Inc. is facing a new class action California call recording lawsuit from a man alleging the company recorded his and other consumers’ conversations.

Plaintiff Harold Collins is filing this privacy rights class action lawsuit on behalf of himself and others similarly situated, alleging the company recorded their conversations without their permission.

Collins is the lead plaintiff in this class action California call recording lawsuit, alleging Elite Home Energy directed their employees to record phone calls with consumers. He claims this call recording practice was systematically done throughout the company with employees trained to record conversations without providing a disclosure.

Overview of Class Action California Call Recording Lawsuit

According to the class action California call recording lawsuit, the plaintiff received a phone call from the company on Oct. 20, 2016, for the purpose of marketing different services. The company allegedly made another phone call less than half an hour later on the same day, once again soliciting the same services to Collins.

Collins claims both of these calls were recorded without the plaintiff’s consent, in violation of privacy laws. He says he became aware of the recording because it was announced at the end of the second call that both calls were recorded. At no point before this announcement did the company state that the calls may have been recorded for customer training purposes, Collins claims.

Under California state law, it is illegal for one party to record the conversation unless all parties involved give consent. This especially applies to customer service calls placed or received by companies, with customers often calling in for questions or companies calling to solicit various products or services.

Regardless of whether it is an inbound or outbound call, companies must disclose the fact that the calls may be recorded to consumers. Oftentimes, this disclosure is given at the beginning of the call and then asks consumers to opt-in by either staying on the line or pressing a button on the dialing pad.

Collins claims Elite Home Energy violated this state law by recording phone calls without gaining the consent of consumers. The plaintiff was added to the company’s do-not-call registry on Nov. 3, 2009, which prohibits the company from calling him for five years.

However, Collins pointed out that he was never a customer of Elite Home Energy Inc., and has never provided the company with any of his contact information. He alleges the company also violated the Telephone Consumer Protection Act (TCPA) by using an automated dialing system to generate and place a call to his home telephone.

After discovering that he had been recorded without consent, Collins chose to file a class action California call recording lawsuit. He alleges the business practices of Elite Home Energy explicitly violate state and federal privacy laws and need to be corrected.

The plaintiff is seeking multiple damages for violations of the TCPA and the California Invasion of Privacy Act, alleging the company either knew or should have known about these policies.

This California Call Recording Lawsuit is Case No. 8:17-cv-01747-JVS-DFM, in the U.S. District Court for the Central District of California.

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