The “Commonality” Hurdle: Class Certification Becomes More Difficult in California
Summary California courts deny class certification in call recording class actions because the classes fail to meet the “commonality” requirement in the Federal Rules of Civil Procedure. Article Companies that routinely record calls for customer service purposes should know that class actions in California are increasingly common. Recent decisions in California may make it harder […]
Are Beep-Tone Warnings Sufficient to Provide Notice of Call Monitoring in California?
Summary While beep-tone warnings are likely sufficient to put a listener on notice that a call is being monitored or recorded in California, telemarketers should use caution when monitoring for quality control purposes. Article It may be industry practice for telemarketers to monitor or record both inbound and outbound telephone conversations for quality control purposes, […]
How to Defend a Do-Not-Call Violation Case using the Safe Harbor Defense
Summary In order to use the safe harbor defense against a TCPA privacy or automated calling suit, good record keeping is critical. Article The TCPA allows individuals to sue companies in state or federal court for violations of the law, including failure to honor a company specific “do-not-call” request or making an illegal prerecorded telephone […]
Are Wiretapping Laws Applicable to Text Chat Customer Support Conversations?
Summary Although federal wiretapping law permits one party to record, monitor or otherwise intercept its own conversations, state law can vary. If you engage in web chat customer support, you should review compliance with state and federal wiretapping laws and potentially disclose potential monitoring of those communications to your customers. Article Class actions that claim […]