Pei Wei Asian Diner Suspected of Illegal Phone Call Recording in California

Have you been a victim of illegal phone call recording in California? If so, you could have a claim based upon California’s strict privacy laws.

Companies such as Pei Wei Asian Diner receive calls from the public every day, but they may not record these conversations without the express permission of the customer.

If any company called you or if you called any company while you were in California and the call was taped without your permission, that company could have violated your privacy rights.

In some states, the permission of only one person on the line is necessary for a call to be legally recorded. However, California is a “two-party consent” state, which means all parties on the line must know a call is being recorded and must give permission for that recording to occur. Any type of secret illegal phone call recording is likely a violation of the California Invasion of Privacy Act (CIPA).

Why Illegal Phone Call Recording Occurs

Great customer service can keep customers coming back, while poor customer service can drive business away forever. Business owners know how important it is for their customer service representatives to be a gracious, respectful “face” and “voice” for a company. The interactions between their staff and the public affects the bottom line, which is why many businesses record customer service conversations over the phone.

An overzealous company can make illegal phone recording mistakes if the calls are recorded without properly obtaining the consent of the customer on the other line. A customer does not have to use the words, “I consent to the recording of this phone call” in order to provide legal consent. If the customer hears a beep that is generally a universal sound for the start of a recording and then stays on the line, that is considered implied consent.

Any time a live or recorded voice indicates that calls “may be recorded” and the customer stays on the line, that is also considered consent to be recorded.

Business customers who called the business and were secretly recorded could be eligible for compensation for violation of the California Invasion of Privacy Act.

The business could face a possible fine of up to $2,500 per occurrence. If found responsible for civil liability, the restaurant could have to pay up to $3,000 or three times the amount of actual damages that were incurred per infraction. Up to $5,000 per violation can be awarded in statutory damages.

Other companies currently under investigation for possible illegal phone call recording include American Airlines, AMF Bowling, British Airways, Czech Airlines, Fisher & Paykel, Malaysia Airlines, Miele, TGI Friday’s and 99 Cents Only Stores.

If you believe you have made or received a call from Pei Wei Asian Diner or any other company that might have made an illegal phone call recording of your conversation, you could be eligible for compensation through legal representation.

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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