Virgin Atlantic's Phone Call Recording Violates Calif. Code, Alleges Complaint

Virgin Atlantic doesn’t disclose to consumers at the beginning of a call that it’s recording phone communications, in violation of the California Penal Code, alleged a complaint Wednesday (docket 5:24-cv-02158) in U.S. District Court for Northern California in San Jose. Kenneth Tang, a San Jose resident, called Virgin Atlantic on Dec. 7 from his cellphone to book a flight, his complaint said. When a customer calls Virgin’s customer service number and selects a prompt for a new booking, there is no disclaimer regarding call recording, it said. Because he was never told the call was being recorded, and never consented to it, Tang “reasonably expected that his communications” with the airline weren't being recorded and were “confidential” as defined by the California Penal Code, the complaint said. But on information and belief, Virgin was recording the call and “captured the entire contents of his communications with the automated agent and the live agent using Genesys’ software,” said the complaint. Genesys’ software allows for scripting of interactive voice responses that allows customers to “speak” with an artificial agent, the complaint said. The software routes customers to the appropriate live-person agent, but it also records the real-time contents of the calls, it said. The airline’s policy of monitoring and recording calls without informing customers is a “uniform practice” that occurs whenever a customer calls the airline, the complaint said. Tang seeks statutory damages, prejudgment interest and injunctive relief, plus attorneys’ fees and legal costs.