It is often assumed that the statutory penalty in civil actions under California’s Invasion of Privacy Act, Penal Code section 630 et seq. (“CIPA” or “Act”), is $5,000 for each instance of misconduct that violates the Act.  (Some California courts have indeed indicated as much, though in dicta and without analysis.)  Adopting such a

California Penal Code section 632.7 imposes criminal liability and, pursuant to Penal Code section 637.2, civil liability upon persons who intercept or receive a communication involving a cellular or cordless telephone and record the communication without consent.  The section and its sister provision, Penal Code section 632, are popular among class action plaintiffs in California

On April 8, 2013, the United States District Court for the Central District of California denied the plaintiff’s motion for class certification in Torres v. Nutrisystem, Inc., SACV 12-01854-CJC (JPRx), a lawsuit alleging Nutrisystem violated California Penal Code sections 632 and 632.7.

Penal Code section 632 prohibits the surreptitious recording of confidential communications made over

In its second major decision in two years involving the Song-Beverly Credit Card Act  – which prohibits retailers from obtaining and recording customers’ “personal identification information” as a condition to accepting credit cards for payment of goods or services – the California Supreme Court gave retailers a post-holiday victory when it held in Apple v.