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July 26, 2012 / Corina Valderrama

BMW Reaches Settlement in Class Action Asserting Illegal Call-Recording

A class action settlement has been reached against BMW and its services provider, Agero Connected Services, Inc. (formerly known as ATX Group, Inc.).  ATX provided telematics services to BMW, which is an integrated use of telecommunications and information processing. Among other features, BMW Assist provides consumers with a service that connects the consumer to a response specialist for help with anything ranging from an emergency situation to directions and traffic information.

The lawsuit alleges that BMW and ATX violated several consumer privacy laws by allegedly recording BMW Assist calls without disclosing to consumers that the calls might be monitored or recorded.

According to California’s Invasion of Privacy Act, one of the privacy laws named in the suit, it is unlawful for any person to intentionally record a confidential communication without the consent of all parties in the communication. Cal. Penal Code § 632. This prohibition applies whether the communication is carried on among the parties within the presence of one another or by telephone.  Without being notified that calls were to be recorded, the lawsuit contends, consumers were unable to provide the proper consent required under California law.

If you connected to the BMW Assist program between 2009 and 2011, you may be included in the settlement class and entitled to make a claim. The proposed settlement for the class action includes offering settlement class members up to $50 cash or a 6-month upgrade to either the BMW Assist “convenience plan” or the BMW Assist basic safety plan.

If you believe your privacy rights have been violated, please contact Khorrami, LLP for a confidential consultation.

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