Wynn Resorts Class Action Filed for Invasion of Privacy

Wynn Resorts Holdings LLC and Wynn Las Vegas LLC are currently facing accusations of violating the California’s Invasion Of Privacy Act. A class action lawsuit has been filed for recording calls with confidential information without prior authorization of both parties. Under California State law this is an invasion of a consumer’s privacy and is stipulated in the California’s Invasion Of Privacy Act (CIPA)  Section 630 of the California Penal code making it illegal for someone to record and eavesdrop on a telephonic communication without prior consent of both parties. The law does not stipulate any black and white tests on what is considered confidential information. When a person is giving out private, personal, and financial information such as these plaintiff were they had a reasonable expectation that their information would not be recorded. Most companies have a preamble before a customer comes on the line telling customers that the call is being recorded for quality assurance. Plaintiffs making a reservation for a hotel room and giving out their names, phone number, address and their complete credit card information should be consider under the law when the call was recorded, since confidential information was obtained for the reservation. According to the class action lawsuit, at the end of the calls the Plaintiffs asked if their calls were being recorded and the representatives confirmed that they were. It was later learned from a Wynn representative that all Wynn telephone calls are recorded. The plaintiffs state that if they would have been told before the call that they were being recorded they would not have given out their information. The plaintiffs state that they did not suspect that any of their phone conversations with Wynn would actually be recorded. They had a high expectation that these phone calls would remain private.  The case is known as Timothy Barrett and Shayan Kamrava v. Wynn Las Vegas LLC and Wynn Resorts Holdings LLC, Case No. 16-cv-01138-BAS-KSC, was filed in the U.S. District Court for the Southern District of California. The lawsuit includes a class of people who called the Wynn reservation lines one year prior to the filing of the suit, and were recorded without their knowledge or permission. The lawsuit asks for restitution and is also seeking an injunction, so that Wynn must warn consumers that they are recording their phone conversations.