Capital One Accused Of Recording Phone Calls Without Consent

A California woman has filed a class action lawsuit against Capital One, raising allegations of recording phone calls without consent.

Plaintiff Ophelia Augustine filed her class action lawsuit in January against Capital One Bank USA N.A. for unlawfully recording phone calls without consent and invasion of privacy.

Under the assumption that Capital One repeated such actions with other individuals, Augustine proposes to represent a Class composed of people in California whose telephone conversations were recorded without their consent by Capital One within one year prior to the filing of the complaint. Anyone related to Capital One or the class action lawsuit’s judges are excluded from the Class.

Augustine alleges that her call with a Capital One representative in June 2017 was recorded without her consent or knowledge. Augustine was called by the Capital One representative to discuss private account information, financial information, and legal matters.

She alleges that she asked if the call was recorded at the end of the conversation and the representative confirmed that the call was recorded. However, Augustine says she was not informed beforehand that the conversation would be recorded, nor did she consent to the recording of the call. In her class action lawsuit, Augustine accuses Capital One of recording all of its telephone calls.

Two Party Consent and Privacy Laws

California law is very clear in its prohibition against unauthorized recording of phone calls without consent of the other party. “Every person who, without the consent of all parties to a communication, intercepts or receives and intentionally records … a communication transmitted between two … telephones violates this section.” As alleged in this California call recording class action lawsuit, Capital One’s alleged recording of telephone conversations without consent violates this law.

In the class action lawsuit, Augustine states that she and other Class Members have a reasonable expectation of privacy. She claims that Capital One had a policy of recording phone calls without consent, intentionally intruding on her and Class Members’ reasonable expectation of privacy. The sensitive information discussed in allegedly recorded conversations constitutes damages done to herself and Class Members, she claims.

“This intentional intrusion was a substantial factor in causing Plaintiff and Class Members harm,” the class action lawsuit states.

Augustine claims she was personally affected by the alleged recording phone calls without consent because she was shocked and upset that Capital One recorded their telephone conversations without consent and compromised her personal information.

Augustine accuses Capital One of illegally recording cellular phone conversations and invasion of privacy. On behalf of herself and the proposed Class Members, Augustine seeks a trial by jury, relief prohibiting such conduct in the future, damages (including $5,000 pursuant to California Penal Code § 637.2), an award of costs, attorneys’ fees, and court costs.

The California Call Recording Class Action Lawsuit is Ophelia Augustine v. Capital One Bank USA N.A., Case No. 3:18-cv-00180-CAB-JLB in the US District Court for the Southern District of California.

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