Fox Rothschild LLP & Odia Kagan write:
Here is what we can learn from class action lawsuits filed in the last few days under the California Invasion of Privacy Act (CIPA), the Pennsylvania Wiretapping and Electronic Surveillance Control Act, and other wiretapping-like causes of action.
- If you are going to record calls or chats, you need consent. Period. This means just in time, and just disclosing it in your privacy notice, is not enough.
- If you are using a third party to do your chat recordings and that third party is allowed to use the information for its own purposes (like to develop new products or improve current offerings), you need to tell people about it and get consent.
- If you are using artificial intelligence on your customer service calls in order to improve and train your AI and machine learning models, you need to tell people about it and get consent.