There’s no doubt that privacy is in short supply today. From apps that track your location to social media encouraging you to share every detail, you might feel like you’re in a fishbowl. However, with a bit of effort, you can still avoid these invasions of privacy. The problem is that some businesses profit from your lack of privacy, and they may try to push past your boundaries.
That’s why the state of California has implemented a groundbreaking law: the California Invasion of Privacy Act, also known as CIPA. The Act is an excellent step toward a world where your privacy is legally protected. While it’s not perfect, it gives California citizens and even the rest of the country valuable resources to fight back against nosy organizations.
If you’re tired of having your personal information used without your permission, you should understand the Invasion of Privacy Act. Keep reading to discover how this law works, what it does for you, and how to use it to keeps your personal life to yourself.
What Is CIPA?
The California Invasion of Privacy Act is a law that specifically prohibits wiretapping, which is the act of recording confidential conversations without consent. Wiretapping is most common in phone calls, but CIPA can apply to any recording of a private conversation.
Wiretapping is named for the original method of listening to other people’s phone calls. Malicious listeners would “tap into” phone lines by literally splitting the wire and adding their own line without permission. Today, however, most wiretapping takes place by recording the phone call with an app or computer program.
While CIPA applies to anyone who records a conversation without permission, it’s most often applied to companies. That’s because many companies like to record phone calls to use them as training materials or legal evidence later.
This is particularly true of companies such as debt collection firms and loan providers. Historically, some of these groups used recorded calls out of context to attempt to force people to pay through extortion or threats of unjustified legal action. CIPA ensures that these companies can’t secretly record conversations and use the resulting tapes against people like you.
CIPA does permit people to record conversations as long as everyone agrees to the recording. Non-malicious callers can ask for permission, and if it’s not granted, they can simply not record.
How CIPA Guards Consumer Privacy
You don’t need to put up with companies recording your calls against your will. CIPA can help you hold these organizations accountable for their unscrupulous actions. How? By allowing you to file a civil lawsuit against the organization that recorded the call without your permission.
You can do that because CIPA makes recording a conversation without permission both a crime and a cause for civil action. Not only can the group recording the call face criminal penalties like jail time, but you can also sue them for compensation.
If you decide to sue, you need to prove five things:
- The group you’re suing recorded or eavesdropped on your conversation with an electronic device on purpose;
- You had a reasonable expectation that your discussion was private;
- You didn’t grant permission to record the conversation;
- You suffered some kind of harm; and
- The recording caused that harm.
If you can demonstrate all five of those things, you may be eligible to receive compensation for your violated privacy. That’s true regardless of whether you live in California as long as the caller was in the state.
CIPA Penalties
If you choose to file a lawsuit against someone who has violated CIPA, you can press the defendant to pay the statutory penalties CIPA permits. Those penalties can be significant, either:
- $5000 for every violation (individual recorded calls), or
- 3 times the damages you suffered because of the call.
You can press for whichever is higher.
Limitations of CIPA
Of course, CIPA isn’t a perfect bill. It includes a few loopholes that are important to track. For example, suppose you’re informed at the beginning of a call that it’s being recorded. If you stay on the line, you may be seen as granting consent to the recording. That can be the case even if you state you don’t want to be recorded.
Similarly, CIPA only applies to phone calls. It doesn’t cover any type of written communication. If you communicate by email, for example, it does nothing to prevent the receiving party from using that email for their own purposes. If you’re genuinely concerned about private communications, it’s best to keep your conversations to spoken mediums.
How to Protect Your Rights
If you’re sure you’ve been recorded against your will, you can fight for your rights by taking a few simple steps.
First, make sure you’re still within the statute of limitations. You can only file a CIPA civil lawsuit for one calendar year after you discovered the call was recorded.
Second, report the organization that recorded your call to the California Attorney General. They can take legal action against the group and prevent them from continuing to record calls.
Next, collect proof that your call was recorded without your consent. The recording itself can be used as evidence in many cases. If the file doesn’t include your agreeing to be recorded, it may prove that you didn’t consent.
Finally, consult with an expert consumer protection attorney. The right attorney will help you build your case and file your lawsuit. You’re more likely to get a positive result from your case if you work with an experienced, trustworthy legal team.
Take Back Your Privacy
Wiretapping is obviously a gross violation of your privacy. Even if the person recording the conversation has no intention to use the information to harm you, it’s still wrong. It’s easy to follow the law; those who actively disregard privacy likely don’t have your best interests in mind.
If you suspect you’ve faced wiretapping or had a conversation recorded against your will, get help. Reach out to an experienced consumer rights attorney to discuss your case. They can help you understand your situation and choose the right next step. No matter what was recorded, you have a right to privacy. Take back that right today and fight back against companies that try to violate it by taking advantage of CIPA.
