AMResorts Secretly Recorded Telemarking Calls in California, Class Action Claims

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AMResorts, L.P. and parent company Apple Leisure Group face a proposed class action over their alleged failure to obtain consent before placing telemarketing calls to consumers’ cell phones and recording the communications with California residents.

The 14-page case alleges the companies have violated the federal Telephone Consumer Protection Act (TCPA) and the California Invasion of Privacy Act (CIPA), both of which seek to protect consumers’ privacy with regard to phone calls.

According to the lawsuit, AMResorts, a resort and hospitality company, has unlawfully placed telemarketing calls to consumers’ cell phones without obtaining express written consent to do so. The two plaintiffs claim to have each received “numerous” calls from the defendants from an array of different numbers in attempts to promote AMResorts’ services. Per the suit, the calls were placed using an automatic telephone dialing system as defined by the TCPA. The case contends that it was illegal for the defendants to use such technology to place non-emergency calls without the plaintiffs’ prior express consent.

The suit goes on to allege that the defendants violated the CIPA by intentionally recording calls with the plaintiffs without first obtaining their consent to be recorded or otherwise notifying them that their communications were being captured. Per the complaint, the plaintiffs had a reasonable expectation of privacy during their conversations with the defendants and did not expect that the calls would be recorded or overheard without their authorization.

The case notes that the CIPA applies to not only confidential communications but to any call wherein one party intentionally records the conversation without the knowledge or consent of the other while the person being recorded is on a cellular telephone.

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