California invasion of privacy law is at the center of a class action lawsuit investigation now looking into telephone customer service practices at the Cannondale Bicycle Corporation. The nearly half-century old bicycle manufacturer is one of several companies currently under investigation for possibly violating the Golden State’s particularly stringent privacy statutes by recording telephone conversations with consumers residing within California without their consent.

Other potential violators include three major airlines as well as prominent names such as Dermalogica, Swarovski, and others. These companies are suspected of recording phone calls with customers without their knowledge or consent. This essentially robs consumers of their legal right to opt out of such recordings under California invasion of privacy law.

About California Invasion of Privacy Law

There are federal laws in place that protect the privacy of every American, of course. However, as is often the case at the state level, California invasion of privacy law goes a step further, to the point that  privacy is enshrined as an “inalienable right” in the state constitution. An important aspect of California privacy law is a person’s right to be informed that a telephone call may be recorded – and the right to withhold consent.

This is where the companies currently under investigation may have run afoul of the law. There is nothing illegal about a business recording phone conversations between customer service and consumers – provided that the consumer is informed ahead of time and given the opportunity of refusing to be recorded.

The way it works is like this: at the beginning of the call, the consumer must hear a message such as “This call may be recorded for quality assurance.” Once the consumer has heard this message, he or she can withdraw consent by hanging up. If they choose to stay on the line, this implies consent under California invasion of privacy law.

The issue here is that Cannondale and other companies in question may have failed to provide that message to consumers in California.

Are You Eligible to Participate in a Class Action Investigation?

There have been numerous class action lawsuits in recent years alleging violations of the California Invasion of Privacy Act of 1967. Sometimes, these cases can get complicated when the defendant is a company domiciled outside of California or in another country (for example, a recent class action was initiated by a San Diego woman naming a Canadian telecommunications company as defendant), because in these situations, jurisdiction becomes an issue.

The current investigation is focusing exclusively on conversations between consumers and companies within the state of California that were recorded in violation of California invasion of privacy law. If you reside in California and have reason to believe your telephone call with a customer service representative at Cannondale or another company was recorded without your knowledge or consent, you may be eligible to participate in a class action lawsuit investigation.