Aptive Environmental Records Calls Without Consumers’ Consent, Class Action Claims
by Erin Shaak
Nieman v. Aptive Environmental, LLC
Filed: April 8, 2022 ◆§ 2:22-cv-02365
A lawsuit claims Aptive has unlawfully recorded calls to its toll-free phone number without disclosing to callers that the communications are being recorded.
A proposed class action claims that Aptive Environmental, LLC has violated California law by recording calls to its toll-free phone number without disclosing to callers that the communications are being recorded.
The 15-page lawsuit alleges the pest control service has run afoul of the California Penal Code, which prohibits one party to a telephone call from recording the conversation without the other party’s knowledge or consent. According to the case, Aptive Environmental records all incoming and outgoing calls without disclosing that it does so at the beginning of each call or securing the other party’s consent to be recorded.
The plaintiff is a California resident who claims to have called Aptive Environmental’s toll-free customer service number in March 2022. Per the suit, the defendant recorded this communication without disclosing to the plaintiff that the call was being recorded, and the man only found out when he specifically asked if Aptive was recording the call, the case relays.
The plaintiff says that he did not provide his consent to be recorded at any point and stresses that the contents of the call were confidential in nature given he provided his first and last name and residential address. According to the case, Aptive Environmental violated the plaintiff’s reasonable expectation of privacy.
The lawsuit looks to represent anyone who, while residing or located in California, placed a call to Aptive Environmental’s toll-free phone number at any time since March 9, 2021 and spoke with a representative without having first been informed or without having first consented to the recording of the call.
The case was initially filed in Los Angeles County Superior Court before being removed to the California’s Central District Court on April 8, 2022.
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