News & Analysis as of

Audio Recording Customer Service Calls

Eversheds Sutherland (US) LLP

DOL hears an ERISA claimant on access to audio recordings

In a June 14, 2021 information letter, the US Department of Labor (DOL) opined that a claimant appealing an adverse benefit determination under a plan covered by the Employee Retirement Income Security Act of 1974, as amended...more

BCLP

Can Companies Record Customer Service Calls Under U.S. Law?

BCLP on

Yes, but many states require consent of both parties to the call, and it is advisable to obtain consent regardless of where the caller lives. Under federal law, 18 USC § 2511(2)(d), you only need the consent of one of the...more

Sheppard Mullin Richter & Hampton LLP

Are Call Recording Class Actions Doomed?

In the past four years, droves of call recording class actions have been filed in state and federal courts across California. The gist of each is that a company violates the law when its customer service department records...more

Farella Braun + Martel LLP

Routine Recording Of Customer Service Calls – Standing Alone – Does Not Violate California’s Invasion of Privacy Act, According To...

Good news for companies that routinely record or monitor calls to or from California residents – the Ninth Circuit Court of Appeal’s January 17 decision in Faulkner v. ADT Security Services, Inc. has made it harder for class...more

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