I have been informed that calls I was receiving from a major TV mfr were being recorded without my consent?

I've discovered that this manufacturer's refund department recorded the calls they made to me. There was never a "this call may be monitored or recorded for quality control and training purposes" message, or a beep, as is required by CA PC 632. Also, there is case law in Kearney v. Salomon Smith Barney, Inc., 137 P.3d 914 (2006) that further shows this act was illegal, even tho the call center was likely in another state.

I need to know who to report this to. One person told me the Attorney General's office (in CA) but from looking at their website it doesn't look like this fits as a "consumer complaint". This is a criminal complaint and I'd like to know who to talk to regarding the enforcement of this law.

2 Answers

Relevance
  • <R>
    Lv 5
    9 years ago
    Favorite Answer

    You would contact the District Attorney's office in your county. But I'm not going to lie, the chances of a DA in any county in California filing on this are about zero.

    You need to actually be able to prove they recorded the call, (meaning a recording must exist) and know the name of the person who did it. You can't hold an entire company criminally liable. Could the DA investigate to find out? Probably. But they likely won't expend the resources to. Especially if no other harm was done because of it.

    This is not a case where someone was doing this to harass you. (I know that's not required by the law but it usually takes that to get the DA to file). This is a case where a company in the normal course of its business routinely recorded you.

    There's the spirit of the law and the letter of the law. This falls strictly under the letter of the law. You are free to make the complaint but don't expect anything to come of it.

    Source(s): UC Berkeley Legal Studies
  • Anonymous
    9 years ago

    FCC?

Still have questions? Get your answers by asking now.