9th Circ. Revives Hilton Call-Recording Class Action
By Andrew Scurria
Law360, New York (March 20, 2014, 7:36 PM ET) -- A divided Ninth Circuit on Thursday reinstated a class action accusing Hilton Worldwide Inc. of violating California privacy law by recording incoming customer service phone calls, knocking a district court for glossing over the added legal protection calls from cellphones are afforded over those from landlines.
The three-judge panel majority reversed the dismissal of plaintiff Rick Young’s claims under California Penal Code Section 632.7, which prohibits eavesdropping on calls made from cellphones and cordless phones regardless of whether the communications were initiated with a reasonable expectation...