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Jun. 17, 2014

Call recording class actions

Things are looking up for companies and businesses accused of violating Californians' privacy rights by recording telephone calls without consent. By Edward D. Totino and Monica D. Scott

Edward D. Totino

Partner
Baker McKenzie

Cornell University; Ithaca NY

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Monica D. Scott

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By Edward D. Totino and Monica D. Scott

Things are looking up for companies and businesses accused of violating Californians' privacy rights by recording telephone calls without consent. Plaintiffs have had a hard time certifying class actions under Penal Code Section 632 of the California Invasion of Privacy Act (CIPA) due to the difficulty of proving on a class-wide basis that a communication is confidential. Plaintiffs have therefore focused on Penal Code Section 63...

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