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2nd Amend. Litigation Updates & Legal Discussion Discuss California 2A related litigation and legal topics here. All advice given is NOT legal counsel.

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  #1  
Old 11-16-2013, 8:28 AM
meeestirg meeestirg is offline
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Old 11-16-2013, 8:36 AM
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Think about this. If you win this, the Bass Pro will have to pay the $5000 to each person in the lawsuit, this will cost them quite a bit of money. In turn, they will pass this on to the consumers by pushing their prices on products up. Just a thought, but you know.. I could be wrong.
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  #3  
Old 11-16-2013, 8:52 AM
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Most likely Bass Pro has some form of liability insurance but who cares if a conversation is recorded? When you use a cell or cordless phone in know that there is a chance it can be intercepted by just about anyone. I would think that most bass pro conversations are mundane run of the mill stuff any way.

Throw the questionnaire away. What damage has been done?
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Old 11-16-2013, 9:16 AM
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Quote:
Originally Posted by Danodog View Post
Most likely Bass Pro has some form of liability insurance but who cares if a conversation is recorded? When you use a cell or cordless phone in know that there is a chance it can be intercepted by just about anyone. I would think that most bass pro conversations are mundane run of the mill stuff any way.

Throw the questionnaire away. What damage has been done?
This doesn't matter to these dirtball attorneys they just want to get paid. Whatever the plaintiffs make these pos attorneys will make 10 fold. Like the dirtbag in SD who was extorting small businesses for ADA compliance. They had to pay like $5000 or he would sue and get their business shut down. Not all attorneys are bad but these types deserve the chair.
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Old 11-16-2013, 9:19 AM
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In the days of NSA criminal tresspass,
perhaps this is a subject that should be discussed at length
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  #6  
Old 11-16-2013, 9:30 AM
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No class action ever paid that much for a simple technical detail. You'd have to have gotten seriously injured before anything close to that amount was paid in a class action.

Most likely you'd get about 20-50 gift card.
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Old 11-16-2013, 9:32 AM
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You get 19 cents, the lawyers half a million.
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Old 11-16-2013, 11:49 AM
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Screw the lawyers !!!!!!!

As Ritchie8719 - you get peanuts and the scum sucking bottom feeders get the money.

I hope no one signs up.

PS.

Not to get too far off topic, car insurance, health iinsurance and more expensive because of sleazy lawyer.

Notice Obamacare only affects the insurance companies, but no tort reform.

Got to protect the lawyers.

Last edited by sirgrumps; 11-16-2013 at 11:53 AM..
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Old 11-16-2013, 11:58 AM
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Quote:
Originally Posted by Danodog View Post
Most likely Bass Pro has some form of liability insurance but who cares if a conversation is recorded? When you use a cell or cordless phone in know that there is a chance it can be intercepted by just about anyone. I would think that most bass pro conversations are mundane run of the mill stuff any way.

Throw the questionnaire away. What damage has been done?

Well b/c it's a violation of your rights for starters..

So we all have a problem with the NSA recording our calls but it's ok for bass pro shop?

I wouldn't want to become part of a class action law suit against them but I'd sure demand a policy change.
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Old 11-16-2013, 12:13 PM
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Seriously some of you are actually on the side of Bass Pro Shop if this actually happened?!?!?!?

I would not only sue them but also sue them to have everything erased ...... anyone else not think ahead enough what would happen if the government got a hold of those recordings? Since they were illegal to begin with they would have the right to take the recordings as evidence and anything ANYONE said that was illegal , for real or just asking in theory, can be investigated.

Think about someone having a conversation asking that they just moved to CA from somewhere where full auto machine guns or silencers are legal and wonder if it was legal in CA? You don't think the Feds or CA DOJ would not raid that person's house after that kind of recorded conversation if they got the recordings??????

Many people will call gun shops asking questions about gun laws since they fiqure those types of business should know all the laws. There is absolutely no reason that Bass Pro Shops could have for recording conversations without informing the other person on the line, if that is what happened.

I don't care if is a relative, friend, government or enemy no one has the right to violate my rights for any reason.

You guys should be getting mad at the dumb *** at Bass Pro Shop that allowed this to happen so they can get sued ...... blaming the Lawyers suing them is like blaming the cops for a crime that a criminal commited because they are arresting them.

Last edited by Gunsmith Dan; 11-16-2013 at 12:29 PM..
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Old 11-16-2013, 12:14 PM
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No mention of Bass Pro but here are some others.

http://www.google.com/cse?cx=partner...lls&gsc.page=1
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Old 11-16-2013, 12:14 PM
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Quote:
Originally Posted by Ninety View Post
Well b/c it's a violation of your rights for starters..

So we all have a problem with the NSA recording our calls but it's ok for bass pro shop?

I wouldn't want to become part of a class action law suit against them but I'd sure demand a policy change.
What civil rights were violated by this private entity?
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Old 11-16-2013, 12:30 PM
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Quote:
Originally Posted by Ninety View Post
Well b/c it's a violation of your rights for starters..

So we all have a problem with the NSA recording our calls but it's ok for bass pro shop?

I wouldn't want to become part of a class action law suit against them but I'd sure demand a policy change.
Poor reasoning...
The person called Bass Pro intentionally.... NSA not so much...
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let me guess this means the case will move as fast as a Tuttle on heroin now instead of a snail on salt.................
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Old 11-16-2013, 12:33 PM
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Both Federal and CA laws prohibit ANYONE from recording conversations of other persons without informing them that it is being recorded. The other party can either agree and allow it or not agree and not continue the conversation but the other party must be informed always.

The exemption is if it is a criminal investigation and there is a court issued warrant to allow it. So unless Bass Pro Shop has a federal warrant and is working with the NSA to record everyone as potential terrorists they have no legal right.
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Old 11-16-2013, 1:03 PM
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Quote:
Originally Posted by Gunsmith Dan View Post
Both Federal and CA laws prohibit ANYONE from recording conversations of other persons without informing them that it is being recorded. The other party can either agree and allow it or not agree and not continue the conversation but the other party must be informed always.

The exemption is if it is a criminal investigation and there is a court issued warrant to allow it. So unless Bass Pro Shop has a federal warrant and is working with the NSA to record everyone as potential terrorists they have no legal right.
Not entirely true, either. But I would agree that Bass Pro Shop should follow the law and change their policies if, in fact, they were recording customers without their knowledge.
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Old 11-16-2013, 3:51 PM
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What is not so true about it??? The law is very clear in the fact that the other party must be informed if recording from any device that transmits your voice or video, I was not talking about recording conversations in a public place, which is perfectly legal.

The statement made was it was the recording of telephone conversations which has strict laws on the recording of those types of conversations. That is why anytime you call a company that records your conversation you get the "your call may be recorded for quality control reasons" types of messages because of the laws.

Last edited by Gunsmith Dan; 11-16-2013 at 3:56 PM..
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Old 11-16-2013, 5:06 PM
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Quote:
Originally Posted by Gunsmith Dan View Post
Both Federal and CA laws prohibit ANYONE from recording conversations of other persons without informing them that it is being recorded. The other party can either agree and allow it or not agree and not continue the conversation but the other party must be informed always.
Well, what if Bass Pro Shop didn't actually setup the recording equipment? Let's say someone else did and they just pushed the button to start the recorder. That should be ok then, shouldn't it? *gd&r*
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  #18  
Old 11-17-2013, 12:03 AM
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Quote:
Originally Posted by IVC View Post
No class action ever paid that much for a simple technical detail. You'd have to have gotten seriously injured before anything close to that amount was paid in a class action.

Most likely you'd get about 20-50 gift card.

This man speaks the truth!
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Old 11-17-2013, 6:21 AM
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Quote:
Originally Posted by LoneYote View Post
Poor reasoning...
The person called Bass Pro intentionally.... NSA not so much...
Poor reasoning...California law prohibits recording unless the caller is advised of such at the start of the call.


Quote:
Originally Posted by Gunsmith Dan View Post
Both Federal and CA laws prohibit ANYONE from recording conversations of other persons without informing them that it is being recorded. The other party can either agree and allow it or not agree and not continue the conversation but the other party must be informed always.

The exemption is if it is a criminal investigation and there is a court issued warrant to allow it. So unless Bass Pro Shop has a federal warrant and is working with the NSA to record everyone as potential terrorists they have no legal right.
This.

BPS did/does not have a warrant and is not working with the nsa.


Quote:
Originally Posted by jukyu-juichi View Post
Well, what if Bass Pro Shop didn't actually setup the recording equipment? Let's say someone else did and they just pushed the button to start the recorder. That should be ok then, shouldn't it? *gd&r*
It's BPS' equipment. They simply "forgot" to include the recording at the start of the call.

Check McDonald v. Bass Pro Outdoor World, LLC, et al

$5K per call is California's penalty.

Imo, BPS screwed up big time. They deserve what they get. Saying they don't deserve it since they're a great store blah blah sounds like you'd prefer to piss away what little remaining right to privacy you have.
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