Has AeroMexico Violated Phone Recording Laws In California?

AeroMexico, the flag airline carrier of Mexico based in Mexico City, may be in violation of phone recording laws in California, according to consumer advocates.

A handful of states, of which California is only one, have laws that require both parties to a conversation must give permission in order to have conversations recorded. The California Invasion of Privacy Act (CIPA), a 40-year old statute that is the basis for phone recording laws in California, puts restrictions on inbound and outbound telephone calls. In particular, this is a real problem for companies with their inbound customer service telephone lines.

AeroMexico is suspected of having failed to give the standard recorded caveat to inbound callers – the announcement that often states, “This phone call may be recorded for quality control purposes.”

While consumers calling inbound customer service lines may have heard such a regarding and thought nothing of it, its existence provides a critical element of legal protection for commercial entities.

According to Law360, if recorded warnings are given at the outset of a customer service phone call, and the caller remains on the line, an issue of implied consent comes into play.

Implied consent means that because the caller was warned and yet, of their own volition chose to stay connected to the business line, they have inadvertently given their consent and the company is thus not in violation of phone recording laws in California.

Violation of Phone Recording Laws in California can be Expensive

The penalties for violating phone recording laws in California can be financially damaging.

There are two California penal codes under which fines have been levied, namely 632 and 637.2. California penal code 632 says that it is illegal to eavesdrop or electronically record any confidential communication which may be a live private conversation or a telephone call without getting the permission of all the individuals participating in the conversation.

Breaking the “wiretapping law,” as it is sometimes called, comes with an initial fine of $2,500 per incident. If the company or person involved has a previous conviction of record for this law, that fine can jump to $10,000 per incident.

California penal code 637.2 says that breaking phone recording laws in California under penal code 632 can be additionally prosecuted in a civil lawsuit by an injured party for associated damages.

In private civil action, the company or person can sustain a fine of $5,000 per incident or three times the amount of actual damages sustained by the plaintiff. The plaintiff may be able to collect $5,000 without proving that they have actually sustained damages.

Pre-Recorded Warnings May Not Be Enough

While it has become second nature to hear pre-recorded warnings of the upcoming potential of having a customer service phone call recorded, it is not always enough. Sometimes, voice mail systems fail.

For businesses to protect themselves against litigation, a secondary warning should always be given by customer service representatives to ensure compliance.

There are several companies that are currently under investigation including AeroMexico for failing to reveal that phone calls were being recorded through any means:

• AMF Bowling
• Teva
• Baja Fresh Restaurant
• Casino Royale (Las Vegas, Nev.)
• TGI Friday’s Restaurant
• Miele (a manufacturer of high-end appliances)

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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