California is very protective of consumer rights; in fact, the right to privacy is enshrined in the state’s constitution. The complaint for this class action alleges that Aptive Environmental, LLC violates this right to privacy by recording calls from consumers without the permission of those consumers, which also violates a provision of the California Penal Code.
The class for this action is all persons who, while living or located in California, placed a call to Aptive Environmental’s toll-free telephone number, between March 9, 2021 and the present, and spoke to a representative without having first been told, or without having first consented, to the recording of the call.
In addition to the right to privacy guaranteed by the state’s constitution, California has laws protecting specific kinds of rights to privacy. The complaint alleges, “California Penal Code § 632 prohibits one party to a telephone call from intentionally recording the conversation without the knowledge or consent of the other. Penal Code § 632 is violated the moment the recording is made without the consent of all parties thereto, regardless of whether it is subsequently disclosed.”
The only point of intent, the complaint alleges, is that the recording must be done intentionally.
The plaintiff in this case, Michael Nieman, is a citizen of California. Sometime around March 2022, while in California, Nieman made a call to Aptive’s toll-free customer service number from his cell phone. The complaint alleges that Aptive recorded the call without disclosing to him that the call was being recorded and without asking for his consent to this recording.
The complaint claims the call was confidential because Nieman’s first and last name and his address were revealed during it. At other times, the complaint alleges, customers may provide credit or debit card or other private information during their calls.
The complaint alleges Nieman “had a reasonable expectation that his telephone conversation with [Aptive] was, and would remain, private and confidential to the parties on the telephone. He did not expect that his telephone communications with [Aptive] were being recorded.” The recording of the call, the complaint says, would be “highly offensive” to Nieman.
How does Nieman know that the call was being recorded? At some point in the call, the complaint claims, he asked the representative, who apparently admitted that it was. The complaint alleges, “There was no pre-call recorded message. [Aptive’s] representatives never informed [Nieman] that the calls were being recorded until after [Nieman’s] inquiry.”
The causes of action include unlawful recording of communications and unlawful recording of confidential communications.
Article Type: LawsuitTopic: Privacy
Most Recent Case Event
Aptive Environmental Recording of Telephone Calls California Complaint
April 8, 2022
California is very protective of consumer rights; in fact, the right to privacy is enshrined in the state’s constitution. The complaint for this class action alleges that Aptive Environmental, LLC violates this right to privacy by recording calls from consumers without the permission of those consumers, which also violates a provision of the California Penal Code.
Aptive Environmental Recording of Telephone Calls California ComplaintCase Event History
Aptive Environmental Recording of Telephone Calls California Complaint
April 8, 2022
California is very protective of consumer rights; in fact, the right to privacy is enshrined in the state’s constitution. The complaint for this class action alleges that Aptive Environmental, LLC violates this right to privacy by recording calls from consumers without the permission of those consumers, which also violates a provision of the California Penal Code.
Aptive Environmental Recording of Telephone Calls California Complaint