Student Loan Provider Wins Reversal of Call Recording Class

Educational Credit Management Corp. convinced the Ninth Circuit to reverse class certification of a consumer suit alleging it recorded phone calls to borrowers without consent.

The trial court didn’t resolve whether the named plaintiff heard ECMC’s warning that his call would be recorded and thereby gave his consent, the U.S. Court of Appeals for the Ninth Circuit said July 23 in an unpublished opinion.

“The district court has an obligation to ensure that the named plaintiff is a member of the class he seeks to represent,” the appeals court said.

A.J. Reyes alleges ECMC violated California’s Invasion of Privacy Act ...