April 01, 2014

The Tricky Business of Call-Recording Litigation

Electronic communications don’t stop at the state line; clients can be ensnared by the privacy laws of other states.

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“It’s not like I’m spying on my customers—I’m not J. Edgar Hoover. What is this all about?”

I sat there, curiosity piqued, as my client Bill shook his head. Bill is the owner of a midsize company that sells sporting goods made in New Mexico. Always a prescient guy, Bill recognized the e-commerce advantage early on and has built up a substantial web presence. Today, half his total sales are made online and to customers all over the country—mainly in the Southwest, but he brags that for the past five years, he’s made at least one sale in each of the lower 48 states, with a growing portion coming from California. What started as—and still is—a family business now doubles as a nationwide success.

Success notwithstanding, at the present moment, he is frustrated and confused. Bill is a diligent business owner—practical and willing to spend extra time and money to make sure things are done right the first time. Basically an ideal client, Bill is fond of saying that lawyers are worth the investment because it saves money in the long run. (I wish everyone thought like he does!)


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