Federal Court Denies Class Certification In California Call Monitoring Case

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 a telephone. Section 632.7 prohibits the surreptitious recording of communications involving a cellular phone. Torres alleged that Nutrisystem secretly recorded a confidential cell-phone conversation she had with the company in August 2012. During the class period Nutrisystem did record calls when customers called its 1-800 number, but at the outset of the call it provided a welcome message that disclosed the call may be monitored or recorded for quality and training purposes. However, callers could bypass the disclosure by hitting any button during the welcome message.

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