Class Action Says UNTUCKit Secretly Recorded Customer Service Calls

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A proposed class action alleges apparel company UNTUCKit has unlawfully recorded calls to its customer service number without notice or consent.

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According to the 14-page lawsuit, the men’s shirt retailer has run afoul of the California Invasion of Privacy Act (CIPA), which prohibits businesses from recording telephone communications in the state without first notifying consumers and obtaining consent. The suit relays that, in direct violation of the CIPA, UNTUCKit neither disclosed to the plaintiff at the beginning of the calls that her communications would be recorded nor sought her consent to do so.

Per the case, the plaintiff, a California resident, called UNTUCKit’s customer service number on November 16, 2022 and made a purchase with a representative. The woman reportedly called again on November 22 to inform the representative that the wrong items had been shipped, the complaint says. During both calls, the defendant used call-recording software to “intentionally and surreptitiously” record the communications while the plaintiff remained “entirely unaware,” the filing claims.

Importantly, during her calls with the customer service line, the plaintiff purportedly shared private information with the UNTUCKit representative, including her credit card details and email address, the lawsuit explains.

“At no point during these inbound telephone communications was Plaintiff ever informed that her communications were being recorded,” the suit reads.

As the case tells it, the woman reasonably expected her calls to UNTUCKit’s customer service to remain private because she was not warned about any recording or asked to give consent. The plaintiff says it is “highly offensive” that recording allegedly took place without her knowledge, as it would be to other consumers, the complaint claims.

The lawsuit looks to represent anyone who, since February 16, 2022, called UNTUCKit’s customer service number from a cellphone while in California, spoke with a representative, and was recorded by the defendant without notification at the beginning of the call.

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