CIPA 631 – Intercepting Electronic Communications

CIPA 631 – Intercepting Electronic Communications

California provides strong legal consumer protection through laws like the state’s Invasion of Privacy Act. These laws protect the privacy and information of consumers from non-law enforcement individuals and companies. If your legal rights have been violated under laws like the wiretapping law, Penal Code 631, you can take action. In addition to filing criminal charges, you can file a civil claim to recover losses.

An experienced electronic communications attorney can help and knows what protections you are provided under the California Invasion of Privacy Act. You have legal protections if your privacy was violated, and a San Diego consumer rights attorney can ensure you recover all the benefits possible. An individual, a fellow business owner, or a corporation may have infringed on your rights, and you need resources and support to hold them accountable.

Electronic Communications Attorneys

It can feel daunting to file a civil claim, particularly when the party who violated your rights is a larger company. The support of a consumer protection attorney is essential to filing a civil claim for the invasion of your privacy. Working with an experienced law firm also means you have the resources necessary to take on a larger corporation. A skilled lawyer can work to uncover evidence of privacy violations and prove that you deserve compensation.

At Shay Legal APC, our team believes in protecting individuals’ rights as consumers and preventing corporations and businesses from abusing these rights. When companies violate consumer protection laws, Daniel Shay and Shay Legal APC hold them accountable. We believe in defending and upholding the rights of Californians and their families, and we have worked for many years to do so. We have the skill, experience, and resources needed to secure justice when powerful corporations overstep their limits.

What Is the California Invasion of Privacy Act?

The California Invasion of Privacy Act (CIPA) covers California Penal Code Section 630 to 638 and protects state residents from violations of their privacy concerning electronic communication.

What Is CIPA 631?

CIPA 631 is the part of CIPA that makes it illegal to tap into or eavesdrop on a person’s phone calls. It also criminalizes intercepting or reading a person’s communication without their permission. It is illegal to do the following communication without consent:

1. Using a contrivance, machine, or instrument to purposefully tap into or connect with a telegraph or telephone wire, line, cable, or instrument, including in an internal communication system
2. Willfully reading, attempting to read, or learning the contents or meaning of a report or communication, while in transit or passing over a wire, line, or cable within any part of the state, without the consent of all parties
3. Using, attempting to use, or communicating any information obtained in this way for any use, manner, or purpose
4. Aiding, agreeing with, employing, or conspiring with a party who does so or permitting or causing those actions to be done

These crimes may be punished by a fine of up to $2,500, imprisonment for up to one year, or both.

Law enforcement can use wiretaps and similar devices when they have a court order to do so, but Private citizens and businesses can be criminally charged.

Civil Claims Based on CIPA 631

It is against the law to wiretap communication lines, and the party who breaks this law can be charged. However, these criminal charges will not always provide restitution for individuals whose privacy was violated during the crime. CIPA 637.2 allows those who have been the victim of privacy invasions to file a civil suit.

Under this law, a person who is injured by any CIPA violations listed can file for whichever of the following is greater:

1. $5,000 for each violation committed, or
2. Three times the actual economic damages sustained.

Even if you sustained no actual economic damages, you can still recover $5,000 for the violation. An attorney can help you review your potential damages.

How Long Do You Have to File a CIPA Civil Claim?

You must file a CIPA civil claim within one year of the violation. This is the statute of limitations, which places a time limit on civil claims in order to encourage prompt filing.

If you do not file your claim before the statute has expired, you will be unable to recover compensation through the court. Because of this, any ongoing negotiations will likely end, as the other party has no reason to continue negotiating with you. Working with an attorney early in the process can help you avoid this issue and ensure you file your claim before the statute of limitations expires.

In some cases, the statute of limitations can be extended. Always talk with a consumer rights attorney as soon as you are made aware of any illegal recordings of your confidential communications. They can help you determine if you still have a viable claim to recover damages.

How Can an Intercepting Electronic Communications Attorney Help?

An attorney can significantly benefit your claim. With their help, you’ll be more likely to receive the maximum compensation available to you. An attorney will be able to determine whether you have a case and gather the necessary evidence to support and prove it. An attorney can represent you in negotiations or in court.

The Electronic Communications Attorneys at Shay Legal APC Can Help

You can hold businesses accountable for invading your privacy, and Shay Legal APC can help you do so. Our team wants to protect your rights. Contact Shay Legal APC today.