HAVE YOUR CALLS BEEN RECORDED WITHOUT YOUR CONSENT?
If the answer is “yes”, your privacy rights may have been violated and you could be entitled to civil monetary penalties. Under California Penal Code Section 637.2, any person who has been injured…may bring an action, and receive the greater of $5,000 or three (3) times the actual damages.
“It is not a prerequisite to an action, that the Plaintiff sustain actual damages.”
(A Plaintiff need not suffer actual or monetary damages to being an action against a company). In fact, the Plaintiff is doing a public service, as often, the subject company is change its policy after a lawsuit has been filed, thus protecting.
So what is the real world application of this problem? Our offices see this many times, particularly in the area of your typical 1-800 customer service calls, or even when a solicitor calls you. If they do not disclose ahead of time or receive your consent to be recorded, and you later learn the call was in fact being recorded (e.g. you ask the representative and they tell you it is), then they may have violated the law, lending itself to your potential recovery of monetary penalties.
If the recording of your phone call has occurred, I want to speak with you!
Steven L. Miller, a Professional Law Corporation, takes your privacy rights very seriously. If you learned “after the fact” that your call was recorded without your consent, please call us immediately for free, no obligation legal consultation.
Steven L. Miller helps consumers fight this problem and seeks to prosecute many of these types of cases, through a class action, with no cost to individual bringing the claim. We work on a contingency basis and advance the costs if the lawsuit. If there is a settlement, our fees are determined by the court and paid by the defendant.
Please contact the law offices of Steven L. Miller, a Professional Law Corporation at (800) 350-2098 for a free, no obligation legal consultation with an exceptional attorney.
Call now for a free no obligation consultation at 800.350.2098 or simply fill out the following form