Consumer privacy is an important topic of concern among those doing business in California, a state that has some of the strictest privacy laws in the nation. Despite these laws being in place and designed to protect consumers, not all businesses comply with the law, putting some Californians in danger of having their privacy violated.
A number of businesses may not be following all of the California Invasion of Privacy laws. Consumer advocates are currently investigating the activities of these businesses to see if they are complying with state law. Pei Wei Asian Diner is one such business that lawyers are currently investigating to see if it complies with two-party consent laws that govern the recording of phone calls
California Two-Party Consent Laws
California residents who call toll-free numbers or who receive calls for marketing purposes or debt collection purposes have a right to privacy during these phone calls under the California Invasion of Privacy Act, or CIPA. State law prohibits individuals and businesses from recording phone calls without the consent of the person being recorded.
This law not only applies to phone calls made from within California, but also applies to calls received by California residents as well.
In order to record a call, the consumer must be informed of the call recording and must consent to having the call recorded under the state’s two-party consent laws.
Many businesses record phone calls to their customer service department to train new employees and monitor the ongoing performance of current employees. If this is to take place, the business must use the verbiage or some version thereof stating that calls may be monitored or recorded for training and quality assurance purposes.
A California resident is not required to verbally state or have in writing that he or she consents to being recorded. If the business informs the consumer of the potential recording and the consumer remains on the line, this is implied consent, and it is enough to count for following the rules of the law.
If it is found that a business has violated two-party consent laws in California, the business may be responsible for $5,000 in damages for each time it has violated the law. If an individual suffered actual damages, he or she may be able to recoup three times the amount of actual suffered damages. These violations can quickly add up for businesses in violation of the two-party consent laws.
Has Your Call Been Recorded by Pei Wei Asian Diner Without Your Consent?
If your call has been recorded by Pei Wei Asian Diner without your consent, you may be eligible to take legal action over the company not following two-party consent laws. An experienced lawyer familiar with two-party consent laws in California can provide you with a free case consultation to help you decide if pursuing legal action is right for you.
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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