News & Analysis as of

Audio Recording Prior Express Consent

Seyfarth Shaw LLP

California Supreme Courts Holds That Recording Cell Phone Calls Without Consent Is Unlawful and Subjects Recorders to Class Action...

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Introduction - The Supreme Court of California, interpreting California Penal Code section 632.7, recently held in Smith v. LoanMe, Inc. that cellular or cordless phone conversations cannot be recorded by nonparties or...more

Akin Gump Strauss Hauer & Feld LLP

Defense Options After Calif. High Court Call-Recording Ruling

On April 1, the California Supreme Court ruled in Smith v. LoanMe Inc. that California Penal Code Section 632.7 prohibits both parties to a communication and nonparties, such as an individual who covertly intercepts and...more

Troutman Pepper

California Supreme Court Confirms Call-Recording Statute Applies to Parties and Nonparties Alike

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California Penal Code Section 632.7, part of California's Invasion of Privacy Act, prohibits the recording of a communication between a cellular or cordless telephone and another telephone without the consent of all parties....more

Akin Gump Strauss Hauer & Feld LLP

California Supreme Court Increases Privacy Protections for Covered Cellular Communications

The California Supreme Court overturned the California Court of Appeals to hold that a party to a phone call can violate California Penal Code section 632.7 by recording the conversation without the consent of the other...more

BCLP

Can Companies Record Customer Service Calls in the EU?

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It depends on the country. Many EU countries have laws that address whether a company can record a call without obtaining the consent of the caller....more

Reveal

Zoom Boom: eDiscovery Considerations Around Videoconferencing

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With many of us now working from home in response to the COVID-19 pandemic, the reality of using videoconferencing software like Zoom, Teams, and other such platforms has become a regular part of the day-to-day. This was...more

Seyfarth Shaw LLP

Ninth Circuit Upholds Decertification of Class in Unauthorized Customer Call Recording Suit Where the Class Representative Did Not...

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Seyfarth Synopsis: On June 5, 2019, the Ninth Circuit issued an opinion in NEI Contr. & Eng’g, Inc. v. Hanson Aggregates Pac. Sw., Inc., 2019 U.S. App. LEXIS 16885 (9th Cir. June 5, 2019), upholding the district court’s...more

Snell & Wilmer

To Settle Privacy Law Claims, California AG Requires Firm to Hire a Chief Privacy Officer and Assess Privacy Risks

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In October 2015, California Attorney General Kamela Harris announced a settlement with Bay Area housing design startup Houzz, Inc. to resolve alleged violations of California privacy laws. According to the AG’s office, for...more

Robinson+Cole Data Privacy + Security Insider

Smart-TV now regulated under new California law

Californians are now protected from smart-TV eavesdropping under new law, Assembly Bill 1116, which requires that smart-TV manufacturers ensure that voice-recognition features will not be enabled without consumer consent, and...more

Carlton Fields

Predominance Lacking in Telephone Recording Case Involving Caller Consent

Carlton Fields on

In a class action brought under a California penal statute that prohibits the intentional recording of telephone calls without the consent of all parties on the call, a California district court denied class certification on...more

Franczek P.C.

Governor Quinn Signs New Eavesdropping Law

Franczek P.C. on

As one of his last official actions in 2014, outgoing Illinois Governor Pat Quinn signed Senate Bill 1342, which amends the Illinois eavesdropping law that the Illinois Supreme Court found unconstitutional early in 2014....more

Troutman Pepper

California Privacy Law Update: What to Prepare for in 2015 and Beyond

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California Governor Edmund G. Brown has been busy over the last year and a half, signing several bills into law that strengthen California’s privacy laws in various areas. The bills range in scope from invasion of privacy and...more

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