Flat Rate monitored calls class action lawsuit overview:
- Who: James Atkinson filed a class action lawsuit against Flat Rate Movers Ltd.
- Why: Atkinson claims Flat Rate secretly monitors and records the phone conversations between potential customers and its customer service representatives.
- Where: The class action lawsuit was filed in New York federal court.
Moving company Flat Rate Movers covertly monitors and records the telephone communications made between customer service representatives and potential customers, a new class action lawsuit alleges.
Plaintiff James Atkinson claims Flat Rate fails to obtain consent and provide notice to potential customers prior to recording their conversations with its customer service representatives, as required by law.
Atkinson argues Flat Rate is violating the California Invasion of Privacy Act with its alleged failure to “disclose to consumers that it is recording telephonic communications at the outset of the call.”
“Secret monitoring and recording deny the customer an important aspect of privacy of communication – the right to control the nature and extent of the information they disclose,” the Flat Rate class action states.
Atkinson wants to represent a California class of all individuals who, while physically in the state, participated in a recorded inbound or outbound telephone call with Flat Rate or one of its agents.
Flat Rate does not indicate it is recording calls with potential customers, says class action
Atkinson argues consumers who either place or accept calls from Flat Rate “have a reasonable expectation of privacy regarding any information that they divulge on the call,” and that there is no way for them to know the calls are being recorded.
“Customers maintain this expectation of privacy because Defendant does not disclose that the call is being recorded, and Defendant never obtains customer consent to record the telephone conversations,” the Flat Rate class action states.
Plaintiff is demanding a jury trial and requesting declaratory and injunctive relief along with an award of statutory damages for himself and all class members.
A similar class action lawsuit was filed against Credence Resource Management in 2021 by a consumer arguing the debt collection company violated the law and their privacy by recording their calls without their knowledge or consent.
Have you had a telephone conversation with Flat Rate or one of its agents? Let us know in the comments!
The plaintiff is represented by Joseph I. Marchese and Alec M. Leslie of Bursor & Fisher PA and Adrian Gucovschi of Gucovschi Rozenshteyn PLLC.
The Flat Rate Movers monitored calls class action lawsuit is Atkinson, et al. v. Flat Rate Movers Ltd., Case No. 1:23-cv-05471, in the U.S. District Court for the Southern District of New York.
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