Judge Rules California Invasion of Privacy Act Does Not Extend to Service-Observing Conduct

A California court has dismissed a putative class action filed against Hilton Hotels for allegedly recording phone calls to a customer service representative, and ruled that the California Invasion of Privacy Act (CIPA) does not apply to the hotel chain because monitoring or recording of calls by companies for service-observing conduct is exempt from the CIPA.

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Can Telemarketers Transmit Modified Names on Caller ID Displays?

Sellers and telemarketers cannot intentionally misrepresent a telephone number or name provided as the caller ID display, but they can, likely, use recognized trade or product names, acronyms, or abbreviations, rather than full legal names, which may exceed the display character limit or be even more confusing.

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Roundup of FCC Declaratory Rulings and Comment Deadlines

GroupMe allows users to create and join text-based groups to communicate, much like a private chat room.  It its terms of service, GroupMe requires group creators to obtain consent from other users to receive group texts.  In its ruling, the FCC stated “we expect that the intermediary and autodialer user will already have some established relationship, contractual or otherwise, which lays out the responsibilities of each/provides assurance that actual consent has been obtained….”  Therefore, the Commission held that a friend or other associate of a consumer may obtain and convey to GroupMe that a consumer actually provided prior express consent.

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