If you have, you might have been recorded without your knowledge or consent. And you may be entitled to money damages, as the following paragraphs explain.

Have your privacy rights been violated?

California law has long provided that, with few exceptions, you can’t be recorded without your knowledge. But there still are companies violating that law. Those violations have led to a number of multi-million-dollar call recording case settlements in the last few years, typically involving large numbers of class members.

This does not constitute a guarantee, warranty, or prediction regarding the outcome of your legal matter. These results were dependent on the facts of those cases. Results will differ if based on different facts.

Have YOUR privacy rights been violated? Are YOU entitled to money damages for those violations?

MORE ABOUT THE LAW

California has a strong and longstanding interest in protecting the privacy of its residents. It’s in California’s Constitution and in other California laws as well. For decades, California law has protected against the secret monitoring and recording of telephone calls.

Generally, the law prohibits recording or monitoring telephone conversations unless all parties to the call are aware that the call is being recorded or monitored. Violators face the possibility of criminal penalties, fines and imprisonment –

And they also face potential liability for money damages payable to people who were recorded without their knowledge. The law provides that the damages payable to people who are recorded in violation of the law are $5,000 per violation or three times the amount of actual damages suffered, whichever is greater.

Have you been recorded without warning?

The California Supreme Court has held that consumers have a right to assume that their conversations are not being recorded unless the business advises all parties to the telephone call, at the beginning of the conversation, that it intends to record the call. In the last few years, has a business recorded you without warning?

Although the law has been in effect for nearly 50 years, some businesses still may not be complying.

Recent Settlements

Over the past few years, attorneys Eric A. Grover of Keller Grover LLP and Scot Bernstein of Law Offices of Scot D. Bernstein, A Professional Corporation, have pursued class actions on behalf of individuals whose privacy rights have been violated. Between the two firms, their privacy cases have resulted in settlements and total recoveries exceeding $25 million.

This does not constitute a guarantee, warranty, or prediction regarding the outcome of your legal matter. These results were dependent on the facts of those cases. Results will differ if based on different facts.

Have you called any of the following businesses’ toll-free numbers?

Our sources indicate that they may not be in full compliance with California’s requirement that they warn callers before recording their calls.

WHO WE ARE

Eric A. Grover
Keller Grover LLP

Eric Grover is a founding member of Keller Grover LLP. Before co-founding Keller Grover in 2005, Mr. Grover spent 17 years with Littler Mendelson, P.C., the nation’s largest law firm specializing in labor and employment law. Over the past 10 years, Mr. Grover has concentrated his practice on representing plaintiffs in wage-and-hour, consumer, privacy and data breach class actions. Mr. Grover has been named class counsel in more than 50 cases. Mr. Grover has extensive litigation experience, including numerous arbitrations and trying a number of cases to verdict in state and federal courts. He has been recognized as a Northern California Super Lawyer® every year between 2007 and 2016.

Scot D. Bernstein
Law Offices of Scot D. Bernstein, A Professional Corporation

Mr. Bernstein has practiced law in California since 1980. For more than a dozen years, he has concentrated his practice on representing plaintiffs in class actions. He has been named class counsel in more than 25 cases, including both employment (wage-and-hour) and privacy cases. He has been co-counsel in successful appeals that resulted in published decisions. And he has extensive arbitration experience as well, having handled numerous arbitration matters.

Mr. Bernstein has published numerous articles and has spoken at lawyers’ continuing education conferences on multiple occasions. He serves on the board of directors and co-chairs the legislative committee of the California Employment Lawyers Association (“CELA”), an association of more than 1,200 attorneys dedicated to representing employees in employment disputes. Before serving on the CELA board, he served for eleven years as a director of the Public Investors Arbitration Bar Association (“PIABA”), a national association of attorneys who represent investors in disputes with the securities industry. Mr. Bernstein has been recognized as a Northern California Super Lawyer® every year from 2010 through 2016.

CONTACT US

If you believe you are a victim of a privacy right violation, please call us or fill out the form below for a free and confidential consultation.