Lawsuit: Consumer Shocked After Capital One Secretly Recorded Phone Call
by Erin Shaak
Augustine v. Capital One Bank USA, N.A.
Filed: January 26, 2018 ◆§ 3:18cv180
Capital One Bank USA, N.A. has been accused in a proposed class action of unlawfully recording cell phone conversations without consumers’ prior knowledge or consent.
Capital One Bank USA, N.A. has been accused in a proposed class action of unlawfully recording cell phone conversations without consumers’ prior knowledge or consent. The plaintiff in the case claims a representative of the bank called her on her cell phone and spoke to her “for about three minutes” regarding her private financial information. She says she was “shocked and upset” to discover after inquiring at the end of the conversation that the call was being recorded.
“At no point during the outset of the telephone conversation did Defendant advise Plaintiff that Defendant was or would be recording the conversation, nor did Plaintiff consent to the call being recorded,” the complaint reads, arguing that the bank’s conduct violated California state law and invaded the plaintiff’s privacy.
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