CIPA Class Actions Losing Favor With Judges

摘要

The Ninth Circuit Court of Appeals' recent ruling n Faulkner v. ADT may appear, at first, to be a lefeat for marketers who record telephone calls for customer service purposes. However, a closer look at the appellate court's decision demonstrates that the Faulkner decision is a substantial win for marketers. This is because the court's grave doubts about the plaintiffs claims are part of a growing, and increasingly vocal, judicial recognition that class actions pertaining to customer service calls and invoking the California Invasion of Privacy Act (CIPA) turn consumer protection law on its head and do little, if anything, to help consumers.