Q: Can a communication between a consumer and a business be disclosed to 3rd parties?
I submitted a complaint (as a consumer) to a business. That business forwarded my complaint to my employer which they later used as evidence to justify disciplinary action. Is that violation of Privacy law in WA (RCW 9.73. 030)?
Lawyers, want to be a Justia Connect Pro too? Learn more ›
- (916) 704-3009
- View Profile
- Answered
A:
Yes, it appears that the business violated Washington state's privacy law by disclosing your consumer complaint communication to your employer without your consent.
Specifically, Revised Code of Washington (RCW) 9.73.030 states that it is unlawful for individuals or businesses to "intercept, or record any...private communication transmitted by telephone, telegraph, radio, or other device" without the consent of all participants.
Private communications are defined as communications where the parties have a reasonable expectation of privacy. Your consumer complaint to the business would likely qualify.
By taking your private communication directed to the business regarding a consumer complaint and forwarding that to a third party (your employer) without your permission, the business violated this law.
You could have grounds to pursue legal action against the business for statutory damages under RCW 9.73.060. An attorney can evaluate your case specifics and options.
At minimum, you should inform both the business and your employer that disclosure of your complaint without consent violated privacy laws. Consult RCW 9.73.030-060 for the statutes prohibiting disclosure of illegally intercepted communications in WA.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
