Snap Finance was recently hit with a call recording class action lawsuit claiming that the company violated California call recording laws.
California has a “two party” call recording law. This means that all parties must consent to the recording of a phone call in order for it to be legal. Generally, if a business warns that calls are being recorded, they are not in violation of the law. However, failure to disclose call recording could lead to legal action and significant penalties.
Call Recording Class Action Lawsuit Allegations
Plaintiff Jason David Bodie claims that he and other consumers had their phone calls recorded without consent by Snap Finance. The recent call recording class action lawsuit says that the records are a violation of California call laws.
Snap Finance is a financial company that claims to offer loans of up to $3,000, even if applicants have bad credit, no credit, or have declared bankruptcy. The only requirements to participate in Snap Financing are reportedly being 18 years of age or older, having a checking account, and having a steady source of income.
Bodie allegedly received a phone call from Snap Finance in December 2019. Although he missed the call, he reportedly called the company back to see why they were calling. Bodie says that he asked whether or not he had an account with the company and gave his phone number and social security number to the agent in an attempt to identify his account.
After around a minute, Bodie allegedly asked whether or not his call was being recorded. He had hoped that there would be evidence that he tried to call and make a payment, should he have an account with the finance company. The agent reportedly told him that his call was being recorded.
Bodie argues that there was “no warning, statement, notification, recording, or other disclosure at the outset of the call that the call was being or would be audio recorded.” Because of this alleged lack of warning, Bodie claims that his privacy was illegally violated by the company. He argues that he discussed sensitive personal information on the call without knowing that his phone call was being recorded.
“Plaintiff was personally affected by Defendant’s aforementioned conduct because Plaintiff was shocked, upset and angry that Defendant audio recorded one or more cellular telephone conversations with Plaintiff without Plaintiff’s knowledge or consent,” the call recording class action claims, in violation of the California Invasion of Privacy Act.
According to Bodie, this conduct was likely the same across all phone calls with the company. This reportedly means that numerous other consumers had their privacy breached by the company.
Bodie seeks to represent a Class of people living in California whose inbound or outbound calls with Snap Finance were recorded without their consent within the last year.
The call recording class action seeks general damages, compensatory damages, punitive damages, and $5,000 for each violation of the California Invasion of Privacy Act.
The Call Recording Class Action Lawsuit is Bodie v. Snap Finance LLC, Case No. 8:20-cv-00008, in the U.S. District Court for the Central District of California.
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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