Nissan faces a potential privacy class action lawsuit this week. The Nissan class action claims that the company recorded phone calls with consumers without any consent whatsoever.
It was filed in California state court by Dave Vaccaro.
The allegations call this Nissan’s regular practice. Nissan recorded both inbound and outbound calls placed in California.
As a result, Nissan class action accuses the defendant for violating the California Penal Code.
The Complaint in Details
“Defendant concealed the fact that it was recording the aforementioned phone calls to create the false impression in the minds of plaintiff and those similarly situated without their knowledge or consent that they were not being recorded,” mentions the complaint. “At the outset of the phone calls there was no warning that the phone calls were, or even may, be recorded. Such warnings are ubiquitous today.”
According to the Nissan lawsuit, Vaccaro was in contact with the company a number of times in February. However, in none of those cases did Nissan ask a permission to record the conversation. Finally, the lawsuit also accuses the company of failing to provide any automated advisory at the beginning of the call. Such advisories should inform the costumes if any recording or monitoring is to take place. The representatives of the company failed to pass any notice as well.
Vaccaro says that he was unaware that he was being recorded until recently when a Nissan agent informed him that calls including collection and sales are recorded. Vaccaro claims it wasn’t possible for him to know about the recordings and that those are a part of Nissan’s policy until August. That, he claims, justifies him for not bringing up the lawsuit earlier.
Seeking to Become Class Action
The plaintiff has big plans for the lawsuit. He looks forward to the lawsuit to grow into a class action on behalf of all people in California whose inbound and outbound calls Nissan recorded without their consent in the last year. Vaccaro is not sure how many people exactly have faced a similar problem however, in the complaint he estimates the number to be around ten thousand.
Nissan Class Action: The Damages
According to the Nissan lawsuit, the expected damages are the following. “The complaint brings one count for invasion of privacy in violation of the California Penal Code, seeking the greater of statutory damages of $5,000 per violation or three times the actual damage per violation, as well as $2,500 per violation, exemplary or punitive damages, costs and prejudgment interest.”
Vaccaro also wants to receive an injunctive relief in a form of an order. It will require Nissan to discharge its illegal gains leading to a full restitution. Moreover, he insists on injunction banning Nissan to record calls with residents of California without permission.
The case is Dave Vaccaro v. Nissan North America Inc., case number BC653385, in the Superior Court of California for the County of Los Angeles.