GC Services Call Recording Without Consent California CIPA Class Action

California has more consumer protection laws than many states, including the California Invasion of Privacy Act (CIPA). The complaint for this class action alleges that GC Services, LP violated CIPA in recording calls with consumers without giving them a warning or getting their consent.

The class for this action is all persons in California listed as references in GC Services records whose cellular telephone conversations were recorded without their consent by GC Services or its agents, between October 31, 2018 and October 31, 2019.

California’s legislature passed CIPA in 1967 to protect Californians’ right to privacy. It replaced earlier laws, which permitted the recording of telephone conversations with the consent of only one party to the call.

It was amended in 1992 due to concerns about the interception and recording of wireless calls. The complaint says, “Section 632.7 prohibits intentionally recording all communications involving cellular and cordless telephones, not just confidential communications.”

On or around August 16, 2019, GC Services called plaintiff Bradley Stein on his cell phone. A representative called Anna told Stein that she was calling on behalf of GC Services. She said he was listed as a reference and, the complaint says, “tricked [Stein] into providing location and contact information for that person.” 

CG did not tell Stein at the beginning of the call that the call was being recorded; Stein did not consent to the recording, the complaint alleges. “Indeed, at no point did [GC] inform [Stein] that the call was being recorded. Nonetheless, [GC] was in fact recording the entirety of the approximately two-minute-long phone conversation…” The complaint adds that Stein “was completely unaware that the call was recorded.”

The complaint alleges, “Upon information and belief, [GC] records all of its outbound and inbound telephonic conversations.”

The complaint quotes CIPA as saying, “Every person who, without the consent of all parties to the communication, intercepts or receives and intentionally records, or assists in the interception or reception and intentional recordation of, a communication transmitted between two cellular radio telephones, a cellular radio telephone and a landline telephone, two cordless telephones, a cordless telephone and a landline telephone, or a cordless telephone and a cellular radio telephone” violates the law. 

The law provides for statutory damages of $5,000 for each such violation.

The causes of action include knowing and/or willful illegal recording of cellular phone conversation, negligence, and invasion of privacy and intrusion into private affairs. 

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