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District Court (Cal.) Stays Reconsideration of Ruling in Favor of Call Recording Plaintiffs in Light of California Supreme Court’s Grant of Review in Smith v. LoanMe

by Scott J. Hyman |

On April 1, 2020, the California Supreme Court granted review in Smith v. LoanMe.  Recently, Judge Hayes in Brinkley v. Monterey Fin. Servs., LLC, No. 16-cv-1103-WQH-WVG, 2020 U.S. Dist. LEXIS 70025 (S.D. Cal. Apr. 20, 2020) stayed reconsideration of his ruling in favor of the Plaintiffs, in light of the Supreme Court granting review in Smith.  Judge Hayes explained that Monterey sought… Read More

District Court (Cal.) Denies Production of Call Recordings in Call-Recording Class Action; Says that Unlike Dialer Lists, the Call Recordings Contain Confidential Information

by Scott J. Hyman |

In Ronquillo-Griffin v. Transition Rental Screening Solutions, Inc., 2018 WL 325051, at *3–5 (S.D.Cal., 2018), the District Court denied production of the actual class's call recordings in a call recording class action because the content was private. Plaintiffs assert that the requested audio recordings “are highly relevant to several requirements for a class certification motion,” including numerosity, ascertainability, commonality, predominance, and manageability.… Read More

Court of Appeal (Cal.) Finds Arbitration Clause Enforceable in Call Recording Class Action; Says Arb. Clause’s Reference to Using AAA Necessarily Incorporated AAA’s Rules, Including Delegation to Arbitrator Whether Class Claims Can Be Decided by Arbitrator

by Scott J. Hyman |

In Brinkley v. Monterey Financial Services, Inc., 2015 WL 7302268 (Cal.App. 4 Dist., 2015), the California Court of Appeal found a TCPA/Call Recording case to be within the scope of an enforceable arbitration clause:= We conclude that Brinkley's claims fall within the scope of the arbitration agreement and that the arbitration agreement is enforceable, with the exception of one provision… Read More

Court of Appeal (Cal.) Affirms De-Certification of Call-Recording Class

by Scott J. Hyman |

In Kight v. CashCall, Inc. 2014 WL 5573457 (2014), on remand from a prior appeal in the same case, the defendant successfully moved to decertify the plaintiff class that alleged eavesdropping on telephone calls by CashCall's supervisors in violation of Penal Code 632.  The opinion on the earlier appeal established that an objective test is applied to determine whether a call… Read More

District Court (Cal.) Says Defendant’s Call Recordings Marked “Confidential” in TCPA Case Did Not Prevent Plaintiff from Using Recordings to File New Class Action for Illegally Recording Conversation

by Scott J. Hyman |

In Olney v. Job.com, 2014 WL 4629062 (E.D.Cal. 2014), the Plaintiff filed a TCPA class action based on calls he received after signing up for Defendant's resume service.  The Plaintiff and Defendant entered into a Discovery Stipulation allowing the parties to designate certain information as "Confidential".  The Defendant produced, and marked confidential, three recordings of telephone conversations with the Plaintiff.  As a… Read More