Have you experienced a company record a phone conversation with you without asking for your consent to do so? If you live in certain states, including California, this recording may have been a violation of state call recording laws, and you may be entitled to compensation.

Call recording is a common practice since it is used for things like quality assurance, training, and gathering data. In fact, you probably often hear the phrase “This call may be monitored or recorded for quality assurance.”

This is because companies are trying to conform to call recording laws. California has a particularly strict consent law requiring all parties on the line to be warned that a recording is taking place. In this scenario, consent doesn’t necessitate a verbal response, rather, staying on the line implies consent, and hanging up serves as a lack of consent.

Call recording laws differ from state to state. Some only require consent from one party on the call. However, if a business has calls coming in or out of all 50 states, then its call recording policy should reflect that by adhering to the strictest call recording laws in the country, which is California.

A number of companies, including jewelry company Swarovski, are currently being investigated for call recording practices which may violate California call recording law. California has stringent phone recording laws since its privacy laws are included in the state constitution.

California Invasion of Privacy Act

The California Invasion of Privacy Act (CIPA) helps protect private conversations from being recorded without the parties’ knowledge or consent. While CIPA is often considered a call recording law, it applies to more than just telephone conversation. It also covers instances in which parties have a “reasonable expectation of privacy.” Violators of CIPA who fail to warn about a recording taking place can be held liable, and may even face criminal penalties.

Of course, there are exceptions to these laws. Law enforcement agencies that record conversations during a criminal investigation are not obligated to get permission for the recording, for instance. And in public spaces or gatherings, where anyone could overhear a conversation, there is likely not a “reasonable expectation of privacy.”

A growing concern related to recordings and expectations of privacy involves home surveillance technology. More and more people are using “smart” home devices that may record in the home, including audio and video. Common Sense Media reports that questions are arising about how CIPA will be applied to these technologies if the devices are used improperly by recording conversations without the parties’ consent.

Companies Under Investigation

Companies currently being investigated for recording consumer phone calls in California without first warning them include:

• Swarovski
• Dermalogica
• 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

Filing a Call Recording Lawsuit

Some companies have already faced litigation over the violation of California call recording laws. In 2016, Wells Fargo agreed to pay $8.5 million to settle allegations by the state’s attorney general that the bank had failed to alert customers to its call recording practices.

Other major call recording lawsuits in California have been filed against Capital One, Bass Pro Outdoor, and the Cosmopolitan Hotel, among others. These lawsuits have often led to significant settlement agreements.

If you live in California and have had a company record a phone conversation without first obtaining your permission, you may be able to file a lawsuit and pursue compensation. Filing a lawsuit can not only lead to a financial reward but can also help to enforce these laws at both the state and federal level.

Filing a lawsuit can be a daunting prospect, so Top Class Actions has laid the groundwork by connecting you with an experienced attorney. Consulting an attorney can help you determine if you have a claim, navigate the complexities of litigation, and maximize your potential compensation.

This class action lawsuit investigation specifically applies to residents of California, however, California’s phone recording law protects anyone who was in the state at the time an illegal phone recording took place.