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Michael Thurman

Loeb & Loeb LLP

Michael A. Thurman is a partner in Loeb and Loeb’s Los Angeles office and co-head of the firm’s Consumer Financial Protection Bureau Task Force.

Recent Posts

California “Illegal Recording” Class Actions on the Rise

We have recently observed a dramatic uptick in California consumer class actions alleging that businesses have illegally recorded telephone conversations between consumers and customer service, telemarketing and/or collections representatives. Many of these new actions are based on a lesser-known provision of the California Penal Code, involving calls made to or from consumers using cellular telephones. Several of the first cases addressing these claims have held that the traditional requirement that the plaintiff have a reasonable expectation that the conversation will be kept private between the parties does not apply to cell phone calls that are recorded without disclosure.