A consumer in California has filed a class action lawsuit against a provider of home medical equipment (HME), alleging that the company did not disclose that it was recording consumers’ customer service calls.
The class action complaint, filed in the U.S. District Court for the Central District of California, was brought forth last week by Patrick Paredes, a resident of this judicial district.
In the lawsuit, Paredes claims that Dusara Corporation, doing business as UniversalMed Supply, knowingly violated a section of California’s penal code by intentionally recording calls without the caller’s consent.
Specifically, Section 632.7 of the California Penal Code prohibits the intention, non-consensual recording of any telephone communication without the consent of all parties where at least one party to the conversation is either using cordless or cellular telephone, according to the complaint filed June 12.
The complaint notes that some time on or about June 30, 2014, Paredes called UniversalMed Supply from a cell phone and spoke with a customer service representative for the company who identified himself as Jonathan.
During this phone call, the court filing states that Paredes was not aware that the call was being recorded and that UniversalMed Supply did not, at any point during the call, advise Paredes that the call was being recorded.
After completing the call, Paredes later learned that the company records incoming telephone calls, including his own call, but that the company did not disclose this information to him.
When HHCN called UniversalMed Supply Monday afternoon seeking a comment on the class action lawsuit—nearly a year since the initial incident as cited in the complaint—an automated voice did say that the call may be recorded for quality or training purposes.
While the exact numbers and identities of the Class members are unknown at this time, Paredes believes that the Class includes thousands of members who may have been potentially affected, according to the court filing.
UniversalMed Supply is a subsidiary of Irving, Texas-based Dusara Corp. The company provides a variety of HME services including oxygen equipment and supplies, positive pressure ventilators, diabetic testing supplies, power wheelchairs, hospital beds, walkers, CPAP devices, among other equipment.
UniversalMed Supply could not be reached for comment as of press time.
Written by Jason Oliva