A Place for Mom Wiretapping Allegations Florida Class Action

A Place for Mom, Inc. is a for-profit service that refers people to places that offer care for senior citizens, such nursing homes, assisted living facilities, and so on. When prospective customers call this business, the complaint alleges, calls are recorded, but only the first such call carries a warning of this. Other calls, the complaint alleges, are either recorded or listened in on, without the caller’s knowledge or consent.

The class for this action is all persons who are customers, prospective customers, vendors, suppliers, employees, in-network care providers, and others, who, while in Florida, spoke with an employee or representative of A Place for Mom while the call was being recorded or intercepted without their knowledge, during a statute of limitations defined as two years from the date the claimant first had a reasonably opportunity to discover the violation.

People who call A Place for Mom tend to be either seniors themselves or others calling on their behalf, looking for places for care. They may call a toll-free number and will then be connected to a “senior living advisor” for their area.

When they make the initial call, the prospective customers are told that the call is being recorded for quality assurance purposes. “However,” the complaint says, “subsequent discussions between the customer and the assigned senior care advisors carry no such warning or disclosure.” The complaint then makes another assertion: “Likewise, the senior care advisors employed by [A Place for Mom], below the level of manager, are not advised that their discussions are being recorded or surreptitiously listened to.”

The three plaintiffs in this case are persons who have had conversations with A Place for Mom in three different roles.

Plaintiff Richard Thomas was a senior care advisor for A Place for Mom, working in the Palm Beach County area. Thomas received calls through the referral service’s automated computer system from prospective customers. Thomas says he was never told that the discussions were being recorded or that higher level persons in the company were possibly eavesdropping on his calls.

Plaintiff Charles Collins was a customer of A Place for Mom, looking for a place for his mother. The calls involved private and personal information about his mother, her needs, and their finances. Like Thomas, he was not told that the discussions were being recorded or that others could listen in on them.

Plaintiff Derrick Milhous was an employee of an in-network provider of senior care of A Place for Mom. The complaint claims he had “extensive and ongoing contacts” by telephone with A Place for Mom. Like the others, he too was not told his conversations were being recorded or listened to by A Place for Mom.

The complaint quotes Florida laws against intercepting, disclosing, or using wire, oral, or electronic communication.

Article Type: Lawsuit
Topic: Privacy
Tags: Recording Calls Without Consent, Your Privacy, wiretapping