AeroMexico May Be in Violation of Privacy Laws for Recording Phone Calls

The State of California is one of several states that have passed some of the strictest laws for recording phone calls.

Affecting all inbound and outbound telephone calls from or to cellular devices or landlines, the California wiretapping law – commonly referred to as the state’s privacy laws – requires both parties to a conversation to give permission to have a conversation recorded.

Simply put, if a California resident calls a 1-800 customer service line of a company whose headquarters might be in another state without a two-party law, the company is still legally bound to ask permission to record the conversation prior to doing so.

We have all heard automated pre-recorded warnings while waiting for customer service that “this phone call may be recorded for quality assurance purposes.”

Assuming of course that the automated system always works and the customer remains on the line, thereby giving implied consent, the company would not be in violation of California’s laws for recording phone calls.

There are several companies currently under investigation for failing to take this step with either their inbound customer service lines or outbound sales calls.

AeroMexico, an airline of Mexico based in Mexico City is one of those companies that might have failed to get the necessary permission of customers and broken California laws for recording phone calls.

AeroMexico has a phone line for customers to call to verify their flight bookings, tickets, and seat assignments. Customers may have been recorded without their permission thereby breaking the two-party consent laws for recording phone calls.

Upon the conclusion of this investigation, if the airline is found to be in violation, each infraction could lead to a penalty of $5,000 or more.

AeroMexico flies to 80 different locations in North, South, and Central America, as well as Europe and Asia. They are closely aligned with American Airlines who hopes to purchase a significant share of the enterprise soon.

Evidently, AeroMexico is not alone. Other companies currently under investigation for alleged violation of laws for recording phone calls involving California residents are AMF Bowling, Teva, Baja Fresh Restaurant, Casino Royale (Las Vegas, Nev.), TGI Friday’s Restaurant, and Miele (a manufacturer of high-end appliances).

How To Not Break California Laws for Recording Phone Calls

Suggestions given to companies to ensure they are complying with privacy law state that if they rely upon using a script when taking inbound and outbound calls, they should never present the recording disclaimer late in the conversation. It should be spoken immediately upon making telephone contact so that customers are made aware of the call recording procedure so that they can give consent prior to further exchanges of information.

It is also suggested that companies should not rely upon pre-recorded disclaimers alone. Voice mail systems occasionally fail, and an automatic statement of intent to record should be followed up with a spoken disclaimer to ensure that no California wiretapping laws for recording phone calls are broken.

If you feel your privacy rights have been violated according to California law, we encourage you to consult one our experienced lawyers to see if you qualify for compensation.