A recent California class action call recording lawsuit claims that Expedia violates consumer privacy by recording calls without consent.

Plaintiff Alon Raphael allegedly exchanged multiple phone calls with the travel company in August while working out issues related to his room reservations. Raphael claims that the calls were recorded but he was never told that the calls would be recorded.

“It is [Expedia’s] pattern and practice to record calls made by California residents,” the call recording class action lawsuit claims.

“Plaintiff was unaware that the phone calls between himself and Defendant in California was recorded. There was no pre-call recorded message. The Defendant’s representatives never informed Plaintiff that the calls were being recorded.”

Raphael argues that several other consumers had their calls recorded without consent similarly to himself. He seeks to represent a Class of Californians whose calls with Expedia were recorded without their consent within the last year.

On behalf of Raphael and the proposed Class, the call recording class action lawsuit seeks $5,000 in statutory damages per violation, treble damages, injunctive relief, restitution, disgorgement, court costs, and attorneys’ fees.

The Class Action Call Recording Lawsuit is Raphael v. Expedia Inc., Case No. 8:19-cv-02276, in the Superior Court of the Stat e of California for Orange County.

California Call Recording Laws

California is known as a “two party” consent state when it comes to call recording. This means that, in order for call recording to be legal, all involved parties must knowingly consent. Several other states are also two party consent laws, but one party consent laws dominate the call recording legislation around the country.

Call recording laws in California are enforced by the Invasion of Privacy Act. The California Invasion of Privacy Act aims to protect Californians from various invasions of privacy that occur through rapidly developing technology. This includes wiretapping and, more specifically, the recording of phone calls.

This powerful privacy law prohibits people and businesses from “maliciously and without the consent of all parties to the communication, intercept[ing], receiv[ing], or assist[ing] in intercepting or receiving a communication transmitted between [telephones].” This includes cell phones and landline telephones. If businesses violate this law, they could be ordered to pay thousands of dollars in penalties for each violation.

Businesses cannot shirk responsibility under the Invasion of Privacy Act by claiming that call recordings are done for quality assurance or other non-nefarious purposes. The intent behind call recording does not matter, only whether or not the consumer has consented.

Attorneys are looking into numerous businesses which may have violated the California Invasion of Privacy Act, including:

• Dermalogica
• Swarovski
• Drs. Foster & Smith
• Mears Transportation Group
• Romano’s Macaroni Grill
• Southwest Rapid Rewards (800-445-5764 only)
• United Airlines Pet Safe (800-575-3335 only)
• Cannondale Bicycle Corporation
• Czech Airlines

While legal professionals dig into these potential violations, consumers are taking legal action against companies in the form of class action lawsuits.