U.S. Sixth Circuit - The FindLaw 6th Circuit Court of Appeals Opinion Summaries Blog

July 2015 Archives

Alternative Title: Expectation of Privacy Doesn't Apply to Pocket-Dials

An expectation of privacy doesn't apply to your accidental pocket-dials, the Sixth Circuit ruled on Tuesday. Someone who pocket-dials, butt-dials, purse-dials, or otherwise unintentionally calls another party doesn't have a reasonable expectation of privacy, the court ruled, and whoever is on the receiving end of the call is free to eavesdrop -- even to record your conversations.

The case came after an executive accidentally pocket-dialed a colleague's secretary. That secretary listened in, for over an hour and a half as plans for firing her boss were discussed. When she revealed them, the executive sued, claiming that her eavesdropping was an unlawful interception of private communications. Not so, the Sixth Circuit ruled.

It was the largest civil class action lawsuit ever, until the Supreme Court cut it down. Now, the gender bias suit against Walmart has returned, short a million and a half class members or so.

The Sixth Circuit revived a gender bias class action against the world's largest private employer. The class action was filed on behalf of all female employees in Walmart's Region 43, centered in Tennessee but reaching to Alabama, Arkansas, Georgia, and Mississippi. It alleges systematic gender discrimination in pay and promotions.