By Amanda Antell  |  May 5, 2017

Category: Consumer News

woman-cell-phone-call-tcpaCalifornia consumers may have had their customer service calls recorded without their knowledge or consent. If so, they may be able to take action according to legal investigators.

In particular, California consumers calling toll free numbers to customer service, or receiving calls from telemarketing, may have been subject to illegal call recording. A number of companies may be engaging in this practice, including popular restaurant chains like TGI Fridays and Baja Fresh.

California state law prohibits companies or other parties from recording calls without the consumer’s consent. However, alleged occurrences of unlawful call recording by Baja Fresh have caused the company to be under the scope of investigators.

While there are no proven occurrences of unlawful call recording by Baja Fresh, attorneys are currently examining the company’s business practices that may have led to any calls. Baja Fresh first opened its doors in 1990, offering consumers something different and “FRESH”.

This Mexican food giant has since spread throughout the country, serving millions of customers on a daily basis. Like many restaurants Baja Fresh offers take out, in which customers can order at the counter or call in for pickup.

During these and other calls, unlawful call recording by Baja Fresh may have occurred without the customers’ awareness. This violates state privacy laws, which means customers may be legally eligible to pursue action.

Overview of California Invasion of Privacy Act

According to state privacy laws, all parties involved in a phone call must give consent their consent before the call is recorded. This rule applies to calls made in the state of California, whether or not the consumer places the call or receives it.

It is common practice for business to place customer service calls to consumers, and it is also common fro the companies to monitor these calls to evaluate the performance of customer service representatives.

However, in each of these calls, the business must disclose the fact that the calls may be recorded to the consumer at some point during the call. Often, this disclosure is given at the beginning of the call, which avoids any potential incidents of unlawful call recording by Baja Fresh and other businesses.

Businesses that are found to be in violation of the California Invasion of Privacy Act could face up to $5,000 per violation. California consumers who were allegedly subjected to unlawful call recording by Baja Fresh or other companies may be able to pursue 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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