Calif. Court Restores CashCall Eavesdropping Suit

Law360, New York (November 21, 2011, 8:28 PM EST) -- A California appeals court on Monday revived a class action accusing consumer finance company CashCall Inc. of violating customers’ privacy rights by secretly monitoring telephone conversations without their knowledge or consent.

In reversing the grant of summary adjudication to CashCall, a three-judge panel found that the trial court had misinterpreted the meaning and purpose of California Penal Code Section 632, which imposes liability on a person or corporation that intentionally eavesdrops upon or records a confidential communication without the consent of all parties.

The lower court...
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