CIPA Newsletter

A:  Eavesdropping, wiretapping, recording telephone and/or private cell phone conversations without consent from both parties may all constitute violations of the California Invasion of Privacy Act.

A:   Given that most of the violators of the California Invasion of Privacy Act are debt collectors, telemarketers, businesses, and creditors, some red flags to take note of are:

• Loud beeping in the background;
• Being informed that the call is being recorded after the conversation has already begun; or
• Receiving a call from a telemarketer, creditor, or debt collector which often appears as an unknown number or number you do not recognize.

A:  Employers can face fines or even imprisonment for violating the statute. But they also face reputational impact.  In a field where reputation holds a vital role for business ventures, filing a lawsuit against violators not only impacts their finances but also leaves a stain on their reputation as lawsuits are a matter of public record visible to current and future business partners.

A: The California Invasion of Privacy Act allows for victims to seek monetary compensation of $5,000 for each violation or three times the amount of the damages you have endured, whichever is greater.

A:  No, you do not need to have suffered or prove to have suffered any injury. In fact, even if the company who violated your privacy operates out of California, as long as you are a California resident, you are protected under the California Invasion of Privacy Act and may be entitled to compensation.