CPA Data Solutions Recording Inbound Calls Without Consent Class Action

If you place a call to a company, is that company allowed to record the call without first gaining your consent? The complaint for this class action alleges that CPA Data Solutions records inbound calls with consumers but does not ask for the consumers’ consent or tell them of the recording. The complaint alleges this violates Florida’s Security of Communications Act (FSCA).

The class for this action is all persons who made an inbound call to CPA Data Solutions during which CPA Data Solutions recorded their oral communications, between July 1, 2018 and the data of trial in this case.

The plaintiff in this case, Francis White, placed a call to CPA Data Solutions, on January 18 and 19, 2022, the complaint alleges, and spoke to an employee of the company. The complaint claims that CPA Data Solutions recorded the call, including White’s and the employee’s oral communications.

White says he did not know that the call was being recorded. According to the complaint, he “never consented to the recording of this call, and was not aware until some time after the call that it had been recorded.” The complaint alleges that it is a regular business practice of CPA Data Solutions to record calls that come in to it, even without the callers’ consent or awareness of the recording.

To establish liability under the relevant section of the FSCA, the complaint quotes the law as saying that a plaintiff must only establish that CPA Data Solutions “(a) Intentionally intercepts, endeavors to intercept, or procures any other person to intercept or endeavor to intercept any wire, oral, or electronic communication…” or “(b) Intentionally uses, endeavors to use, or procures any other person to use or endeavor to use any electronic, mechanical, or other device to intercept any oral communication” when the device “is affixed to, or otherwise transmits a signal through, a wire, cable, or other like connection used in wire communication; or…” the device “transmit communications by radio or interferes with the transmission of such communication…” Other provisions and situations also apply.

This violation of the FSCA is the sole count in the complaint.

The complaint asks the court, among other things, for a declaration that the behavior of CPA Data Solutions in recording calls violates the FSCA and for compensatory, punitive, and statutory damages as determined by the Court or jury. It also asks for prejudgment interest on these amounts, as well as reasonable attorneys’ fees and the expenses of the suit.

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