EarthLink Can't Dodge Class Action Over Call Recording

Law360, New York (November 26, 2012, 3:26 PM EST) -- A federal judge last week shot down Internet services provider EarthLink Inc.’s bid to toss a proposed class action alleging the company illegally invaded consumers’ privacy when it recorded telephone conversations between its employees and members of the public.

Plaintiff Monica Garcia said in her complaint that EarthLink instructs its employees to use wiretapping, eavesdropping, recording and listening equipment to monitor telephone conversations without consumers' knowledge or consent. She lodged claims of invasion of privacy and negligence against the company. EarthLink unsuccessfully argued that the complaint should be dismissed because the telephone call was not a confidential communication under the California...

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