Class Action Suit against Southwest for Wiretapping

Plaintiff Aaron Siani says Southwest Airlines secretly recorded a cellphone conversation without his consent, in violation of his right to privacy. On September 1, 2014, Siani received a call from a Southwest customer service agent regarding a refund for airline tickets he had previously purchased. After providing personal information to the representative, Siani asked whether the conversation was being recorded and the representative acknowledged in the affirmative that it was. Had he known that the conversation was being recorded, Siani says that he would have been more careful with the sensitive information that he communicated to the representative.

On September 7, 2014, in California federal court, Plaintiff Siani brought a class action suit against Southwest Airlines Co. alleging that the airline has a uniform practice of having employees record cellphone conversation without customers’ consent, in violation of California state law. California Penal Code Section 632 requires that all parties must consent to an electronic amplifying or recording device. As a “two-party state,” California customers must be notified of the recording and must give consent prior to being recorded. Siani says that he did not give consent, and had to ask the Southwest representative whether the call was being recorded before he was informed that it was.

The class action suit seeks an injunction, $5,000 per violation per each class member, and an order preventing Southwest Airlines from recording calls to Californians without consent and to maintain client confidentiality in regards to the information that airline representatives receive. According to the complaint, the class may include more than 10,000 members of California residents whose phone conversations with Southwest were recorded without their consent in the past year.

If you are someone you know has suffered injuries as a result of illegal recordings of confidential communications, you may be entitled to relief. Please contact Khorrami Boucher, LLP for a confidential consultation.