By Amanda Antell  |  October 25, 2018

Category: Consumer News

Recorded Calls Could Violate California’s Two Party Consent LawsMany companies, including Cannondale, may have been violating two party consent laws by recording calls made to and from their customer service lines.

According to consumer reports, Cannondale Bicycle Corporation may be violating two party consent laws by recording phone calls with customers without getting the customer’s consent. Under California call recording laws, residents cannot have their phone call recorded unless all parties on the call agree to having the call recorded.

There are numerous laws on the books related to privacy — the ones in question are referred to as “two party consent laws” in the state of California. These laws prohibit businesses from recording calls without getting consent directly from the consumer who is making or receiving that call.

If you are contacted by a company while in California, such as Cannondale, and did not hear a warning either from an actual person or a recording that your call was being recorded, your privacy rights could have been violated. Violation of two party consent laws can enable affected consumers to initiate their own call recording lawsuit.

A number of different companies are being investigated for possibly violating two party consent laws in California, including JBL Audio, Dermalogica, Czech Airlines, Cannondale Bicycle Corporation, Tupperware, and Malaysia Airlines. California’s constitution and two party consent laws prohibit companies from violating the privacy of residents by recording calls without getting that person’s permission.

In general, there is a prohibition of the secret recording of all telephone calls with no obvious warning to parties on the phone that the call is being recorded. Failure to obtain consent or provide a warning about the call recording can be a violation of the two party consent laws also known as the California Invasion of Privacy Act.

Businesses frequently record calls for the purposes of improving training opportunities and overall customer service records. However, consumers in California have a right to be told that their call is being recorded in order to provide their consent. When a company fails to do this, they could be held accountable by a consumer who initiates a call recording lawsuit.

Businesses in California who have violated two party consent laws by recording your call without obtaining your consent, could be on the hook for damages of up to $5,000 for each violation or three times the amount of damages suffered. If you were contacted by a company such as Cannondale or another company and did not receive a recording or a warning that your phone call was being recorded, you may benefit from participating in a call recording lawsuit investigation.

Many consumers have come forward and alleged that these companies are violating two party consent laws and capturing information recorded on these calls without the appropriate consent. Keeping track of all calls in which you believe your communication was recorded can be helpful in the event you need to bring legal action.

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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