CIPA 637.3 – Voice Printing

CIPA 637.3 – Voice Printing

Privacy laws in California exist to protect individuals from invasions of their privacy, particularly by corporations. Many consumer institutions use certain technology to record and examine a caller’s voice. If this is done without consumer consent, it may violate the legal rights of California residents.

If an individual or company violated your legal rights in this way, a consumer rights attorney can help. A voice printing attorney can determine if you have the grounds for a civil claim against this entity and help you recover your losses. It can be complicated to navigate the state’s CIPA laws, especially against a large corporation, but an attorney has the experience and resources you need to succeed with your claim.

Shay Legal APC: Skilled Voice Printing Attorney to Defend Your Rights

Violations of your privacy can be frustrating, especially when they are carried out by a large and powerful corporation. At Shay Legal APC, we aim to bring you support, knowledge, and understanding. We review whether you have a claim and help you exercise your rights. We believe in standing up for the rights of individuals and preventing big businesses from abusing and taking advantage of these rights.

We have supported the rights of consumers and families for many years. When corporations and other individuals violate your right to privacy, we hold them accountable.

The California Invasion of Privacy Act

There are several laws that exist to protect individual privacy in the California Invasion of Privacy Act (CIPA), which spans Penal Codes 630 to 638. These laws discuss the devices and activities considered a threat to privacy and personal liberty.

One such law intended to protect privacy places limits on biometric information that can be gathered. Part of CIPA requires that express consent be given to take specific information, like a voice print, in order to determine whether someone is telling the truth.

What Is Voice Printing?

A voice print examines and analyzes an individual’s voice and its unique tone, speech patterns, and other vocal characteristics. It is an audio fingerprint meant to identify a person based on the way they speak. It uses the company’s database of voice recordings to analyze the speaker.

Voice print technology is different from speech recognition, as voice printing captures a person’s biometric information for future use rather than listening for the purpose of responding. This technology is purportedly used by companies such as financial institutions for security purposes.

However, taking a voice print without explicit consent from the customer is illegal in California, and this technology may break CIPA law. Regardless of the intentions of those who take voice prints, it may be a violation of personal privacy when done without consent. When this is the case, these companies should be held accountable.

Understanding CIPA 637.3

CIPA 637.3 prohibits a person or entity from examining or recording a person’s voice prints or vocal stress patterns with any system in order to determine if that person is lying or telling the truth.

While initially intended to address lie detectors, the underlying reasoning behind the law seems to remain applicable to the current technology. The law was created to protect California citizens from the unauthorized review, recording, and analysis of their biometric information when they do not know or consent to these actions.

CIPA 637.3 does not apply to law enforcement or peace officers in the course of their official duties.

CIPA 637.3 Civil Remedies

CIPA allows victims of an invasion of privacy to take legal action and recover remedies through civil court. Damages are more difficult to list and prove in these cases, so state law instead created damages for these crimes. This was also done to discourage the commission of the crime.

Under CIPA 637.3, a victim of illegal voice printing can take civil action against the person who violated their rights. In a successful claim, the individual can recover whichever of the following is greater:

1. $1,000, or
2. The value of the actual damages sustained.

A voice printing attorney can help you determine what your actual damages were in the violation of your privacy. Even if you did not sustain actual damages, you can still recover the minimum of $1,000. Working with an attorney can give you a more nuanced understanding of the benefits and viability of this type of claim.

Time Limits to File a CIPA Civil Claim

There are deadlines by which you need to file a CIPA claim in California. After the phone call or other instance of illegal voice printing, you have one year to file a civil claim. This is the statute of limitations, which ensures that civil claims are filed promptly to ensure relevant evidence is recent and to protect defendants from long-term liability. If you fail to file your claim in this time period, you will lose out on the ability to recover financial compensation.

What Can a Voice Printing Attorney Do for Me?

CIPA violations can be difficult to define and prove, particularly as technology continues to evolve past the initial expectations of the law. Working with a voice printing attorney gives you the greatest chance at successfully proving and securing compensation for a CIPA violation.

A consumer protection attorney helps you along each step of the process, including negotiating on your behalf and representing you in litigation. The sooner you begin working with an attorney, the sooner they can determine if you have a claim and give you an understanding of what your case may look like.

Dedicated CIPA Legal Representation From Voice Printing Attorneys

An attorney at Shay Legal APC can support you when an individual or corporate entity infringes on your privacy. Our team strongly believes in upholding justice in the face of these violations. If you believe you have a case of illegal voice printing, contact Shay Legal APC soon to learn how we can help.