Big Time Recovery LLC is facing a new call recording lawsuit, which alleges the company had violated state privacy laws by recording two claimants without their permission.

The call recording claim alleges Big Time Recovery had recorded a conversation containing highly sensitive personal information, including personally identifiable information and the claimants’ finances.

Plaintiffs Raymond P. and Julie F. conjointly filed this call recording lawsuit, alleging Big Time Recovery regularly records inbound and outbound telephone calls and should have disclosed this fact to them at some point during their respective phone calls.

Neither claimant had been aware they had been recorded until long after the fact. The plaintiffs say they were “shocked” to learn their calls had been recorded.

According to the call recording lawsuit, Raymond had called Big Time Recovery’s office on Dec. 12, 2017. An agent who identified herself as “Investigator Greene” allegedly answered Raymond’s call.

During this conversation, the investigator and Raymond reportedly discussed his financial obligations allegedly owed to a third party. Raymond says he also disclosed different aspects of his living situation, including child custody and financial hardships he was experiencing. During the course of this eight minute phone conversation, Raymond says he was not told he was being recorded.

The call recording lawsuit states that Julie had similar experiences in February 2018, when she received two phone calls from Investigator Greene on behalf of Big Time Recovery.

Neither call lasted for over five minutes, but the brief conversations Julie says she discussed her personal location. Investigator Green reportedly inquired about Julie’s whereabouts in both calls, while not advising Julie that she was being recorded.

Neither of claimants knew they had been recorded until Feb. 27, 2019. Raymond and Julie say they are upset and angry that the company had multiple audio recordings of them that were taken without their knowledge or consent.

This discovery also spurred Raymond and Julie to file legal action on behalf of themselves and other consumers who may have been recorded by Big Time Recovery without their consent.

Overview of California Call Recording Policy

California has some of the most comprehensive privacy laws in the country, with the state requiring two party consent before recording a conversation.

According to Cal. Penal Code § 632, it is illegal to record or eavesdrop on any confidential communications, including private conversations or phone calls without the consent of the other parties involved. “Confidential communications” means that if one or two people are trying to have a private conversation and not talking in a public vicinity, it is most likely violating California privacy laws.

This California law especially applies to inbound and outbound calls made by companies. The state law requires them to get the customers’ permission before any call recording takes place. To do this, companies typically give disclosures that the beginning of calls and ask them to indicate consent by pressing a button on their number pad or staying on the line.

Big Time Recovery allegedly failed to comply with this requirement and could face up to $5,000 per call recording violation along with any relevant damages to proposed Class Members.

Raymond and Julie are hoping to represent a California consumer class who were allegedly recorded without the knowledge or consent by Big Time Recovery or one of its agents, within one year prior to filing of filing this claim.

The Call Recording Lawsuit is Case No. 3:19-cv-00475-JLS-BLM, in the U.S. District Court of Southern District of California.