Lerman
Lerman v. Swarovski North America Limited
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT
8 SOUTHERN DISTRICT OF CALIFORNIA
10 ANNA LERMAN, on behalf of herself and CASE NO. 19cv638-LAB (BLM) others similarly situated,
ORDER DENYING MOTION TO
Plaintiff, DISMISS [Dkt. 7] vs.
SWAROVSKI NORTH AMERICA
14 LIMITED, et al. Defendants. Currently before the Court is the Swarovski Defendants’ Motion to Dismiss. Dkt. 7. For the reasons below, that motion is DENIED. The background of this case is straightforward. In January 2019, Plaintiff Anna Lerman placed two telephone calls to Swarovski’s customer-service line. During those calls, she spoke with a live Swarovski representative to obtain information about her online merchandise purchase and to change an expected delivery date. Although the company representative provided no disclaimer that the calls might be recorded, Lerman alleges that the company nonetheless recorded her calls without consent, in violation of California Penal Code § 632.7. In fact, according to the complaint, Swarovski has company-wide policy of recording all…