Watkins v. L.M. Berry & Co.
United States Court of Appeals for the Eleventh Circuit
704 F.2d 577 (1983)
- Written by Sean Carroll, JD
Facts
Carmie Watkins (plaintiff) worked for L. M. Berry & Company (Berry) (defendant). Watkins’s job was to solicit advertising for the Yellow Pages by phone. Berry had a policy of monitoring its employees’ solicitations to ensure quality. Berry’s policy was to not monitor personal calls, except to the extent necessary at the beginning of the call to determine whether it was a business or personal call. Watkins received a call from a friend while at work. The friend referenced Watkins’s recent job interview, although Watkins and Berry dispute how long into the call this occurred. Unbeknownst to Watkins, her boss was monitoring this call and heard the discussion. Watkins sued Berry for violating the federal Wiretap Act (the act). Berry argued that the monitoring was valid under two separate exemptions from the act: (1) consent and (2) monitoring in the ordinary course of business. The district court granted Berry’s motion for summary judgment. Watkins appealed.
Rule of Law
Issue
Holding and Reasoning (Smith, J.)
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