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9th Cir. Says California’s Call Recording Statute Applies to Website that Recorded Visitors

by Scott J. Hyman |

In Javier v. Assurance IQ, LLC, No. 21-16351, 2022 U.S. App. LEXIS 14951, at *3 (9th Cir. May 31, 2022), the Court of Appeals for the 9th Circuit held that "[t]hough written in terms of wiretapping, Section 631(a) applies to Internet communications."   The facts and procedure below were as follows: Assurance is an insurance platform that owns and operates Nationalfamily.com. On this… Read More

California Supreme Court Finds Penal Code section 632.7 Requires Two-Party Consent

by Scott J. Hyman |

In Smith v. Loanme, Inc., No. S260391, 2021 Cal. LEXIS 2248, at *2-3 (Apr. 1, 2021), the California Supreme Court found that Penal Code 632.7 requires two-party consent.  The summary is below: Under Penal Code section 632.7, subdivision (a) (hereinafter section 632.7(a)), it is a crime when a person “without the consent of all parties to a communication, intercepts or… Read More

District Court (Cal.) Finds Some TCPA Calls Barred by the SofL, But Still Relevant to Willfulness; Allows Call Recording Claim to Proceed

by Scott J. Hyman |

In Ewing v. Freedom Forever Ltd. Liab. Co., No. 20-cv-880-JLS (AHG), 2021 U.S. Dist. LEXIS 53561 (S.D. Cal. Mar. 22, 2021), Judge Sammartino dismissed part of a TCPA claim, but let the balance proceed.   Judge Sammartino held that some of the calls were barred by the statute of limitations, but still remained relevant. Defendants argue that "most of Plaintiff's… Read More

Court of Appeal (Cal.) Says Call Recording Statute Applies Only to Third Party “Eavesdropping”, Not to Parties to the Call

by Scott J. Hyman |

In Smith v. LoanMe, Inc., No. E069752, 2019 Cal. App. LEXIS 1282, at *2-4 (Ct. App. Dec. 20, 2019), the California Court of Appeal addressed the scope of a cause of action under Penal Code 632.7.  The facts were as follows: LoanMe is in the business of providing personal and small business loans. Smith's wife is the borrower on a… Read More

Court of Appeal (Cal.) Affirms Denial of Class Certification of Call Recording Case under Pen. Code § 632 Because Individual Factual Questions Predominate

by Scott J. Hyman |

In Hataishi v. First American Home Buyers Protection Corporation, --- Cal.Rptr.3d ----, 2014 WL 667381 (Cal.App. 2 Dist. 2014), the Court of Appeal for the Second District affirmed the trial court’s denial of class certification in a call-recording case filed under Penal Code § 632. The facts were as follows: A customer placing an inbound call to First American is… Read More

9th Cir. Finds Plaintiff Does Not Adequately Plead Privacy Expectation under California’s Call-Recording Statute

by Scott J. Hyman |

In Faulkner v. ADT Sec. Services, Inc., --- F.3d ----, 2013 WL 174368 (9th Cir. 2013), the Court of Appeals for the Ninth Circuit found that Plaintiff failed to properly plead an expectation of privacy.   On March 4, 2010, John Faulkner contacted his security provider, ADT, by telephone to dispute a charge assessed by ADT. Faulkner was transferred to ADT's… Read More