The famous skincare brand Dermalogica is now paying over $1 million in damages after a lawsuit uncovered the brand unlawfully recorded phone calls with consumers in California. (News Law, 2022).
The recorded calls involved calls to the company’s customer service representatives where consumers would ask questions about orders and products. The settlement will be paid to all customers in California who placed a call to or received a call from a Dermalogica customer service number between May 26, 2019, and June 23, 2020.
The calls were recorded without consent, and because California requires all parties involved in a recording to give consent, all of the recordings were illegal. The $1 million settlement includes $800,000 in cash benefits and $200,000 in vouchers. Under the settlement, class members can receive both cash payments and vouchers.
This huge Dermalogica lawsuit makes many California consumers wonder how many of their phone calls are being recorded?
The Strict California Law
In California, all parties to any confidential conversation must give their consent to be recorded. For calls occurring over cellular or cordless phones, all parties must consent before a person can record, regardless of confidentiality. Both civil and criminal penalties are available to victims of illegal recordings.
Many companies can bypass this by placing a warning when calling customers or when customers call them. The common warning will let callers know that the call is being recorded for quality or other purposes. This means that the caller has the opportunity to hang up before being recorded.
When companies fail to warn their customers and record the calls, that is illegal.
This law does not only apply to calls between a consumer and a business. Every party on a call occurring over cellular or cordless phone must consent before a person can record. So, if you want to try to record a phone conversation between you and someone else, you need to let them know you are recording them. Otherwise, you could face legal consequences.
Do You Think You Have Been Recorded?
If you believe you have been illegally recorded on a phone call, you may be entitled to damages. Please contact Hariri Law Group today for a free consultation to discuss your claim. Our attorneys will make sure you are fairly compensated for your injuries.
