Since 2006, companies based outside California have been alert to the potential burdens of class actions under California’s Invasion of Privacy Act (“CIPA”), Cal. Penal Code § 630 et seq. The laws of most states, as well as federal law, allow telephone calls to be recorded with the consent of one party to the call. Accordingly, companies in those states usually can record customer service calls for quality-assurance purposes without the need to procure the customer’s consent because the call-center employee, as a party to the call, can consent to the recording. California, however, is one of 12 states that
Continue Reading What’s Going On With Class Actions Alleging That Businesses That Record Customer-Service Calls Are Violating California’s Invasion of Privacy Act?

Over the past two years, a big growth area for plaintiffs’ lawyers has been cases challenging the use of zip codes or other identifying information by merchants that process credit-card transactions.

In 2011, the California Supreme Court held in Pineda v. Williams-Sonoma Stores that a zip code constitutes “personal identification information” under California’s Song-Beverly Credit Card Act, thus potentially exposing retailers to civil penalties of up to $1,000 per violation if they request and record the zip codes of customers paying by credit card. (My colleagues John Nadolenco and Archis Parasharami did a teleconference about Pineda that you can listen
Continue Reading Where Will the Zip Code Class Actions Be Filed Next?