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California AG Settles Wells Fargo for $7.6M Over Call Recording Violations

Wells Fargo BankMarch 28, 2016California Attorney General

Penalty Amount

$7,616,000

Summary

Wells Fargo Bank recorded consumer phone calls without providing timely notice as required by California law, violating privacy statutes. The settlement imposes a $7.616 million civil penalty, requires compliance with disclosure standards, and mandates an internal compliance program to protect consumer privacy.

Remedy

Wells Fargo must pay $7.616 million in civil penalties, reimburse $384,000 in investigative costs, contribute $500,000 to consumer protection organizations, comply with California's recording disclosure laws by making clear and conspicuous notifications, and implement an internal compliance program to ensure ongoing adherence.

Monetary PenaltyCompliance ProgramConsent Decree

Contract Impact

In-house legal teams should review customer service agreements, vendor contracts for call center or telemarketing services, employee handbooks, and data processing agreements for clauses related to telephone call recording, consumer consent, and privacy disclosures. Specifically, examine terms governing the recording of communications, requirements for providing timely notice to consumers before or during calls, and obligations to comply with California Penal Code §§ 632 and 632.7. Contracts may need amendments to include explicit consent mechanisms, standardized disclosure language, mandates for internal compliance programs with audit rights, and provisions for data retention and security of recorded calls. Ensure that third-party processors are bound by similar privacy safeguards through data processing addendums.

Contract Search Terms

call recording consentdisclosure of recordingprivacy notice provisioncompliance program mandateinternal controls clausedata retention schedule for callsconsumer communication monitoringCalifornia privacy compliancetimely notice requirementaudit and reporting terms

Laws Cited

California Penal CodeCal. Penal Code § 632Cal. Penal Code § 632.7
Cal. Penal Code 632Cal. Penal Code 632.7

Violation Types

Entity Details

Entity

Wells Fargo Bank

Also known as: Wells Fargo

Industry

Financial Services

Official Sources

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