Wilkins
Wilkins v. National Broadcasting Co.
Opinion
Opinion
Kitching, J.
This case arises from a 1994 Dateline NBC news report that investigated the then growing practice of charging for services on so-called “toll-free” 800 lines, often without the knowledge of the person billed for the services. Many of the 800 lines provided the caller with access to 900-number type adult entertainment lines. SimTel Communications (SimTel) leased and programmed 800 and 900 lines, and then sold them to investors.
In connection with Dateline NBC’s investigation, two National Broadcasting Company, Inc., producers responded to SimTel’s national advertisement in USA Today for investors, and arranged to meet with a SimTel salesperson. The producers did not reveal their association with Dateline NBC. They met with SimTel representatives Stephen F. Wilkins (Wilkins) and Thomas R. Scott (Scott) at a restaurant in Malibu and videotaped the lunch meeting with hidden cameras. Portions of the videotape appeared in a subsequent television broadcast.
Wilkins and Scott asserted claims for intrusion, unlawful recording of confidential communications, fraud, and various other causes of action against the National Broadcasting Company, Inc., and its producers (collectively…