Legal Question in Business Law in California

Call Center Contacts

If an employee of a call center takes lists of contacts out of the building without permission, are they breaking the law? And if not, what can be done to retrieve the lists?


Asked on 3/13/07, 3:15 pm

3 Answers from Attorneys

Timothy J. Walton Internet Attorney

Re: Call Center Contacts

The call center could make an argument to a judge that the lists are trade secrets, and ask for a court order demanding that the lists be returned.

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Answered on 3/13/07, 3:26 pm
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: Call Center Contacts

The law most likely being broken is the California version of the Uniform Trade Secrets Act, codified as section 3426 through 3426.11 of the Civil Code. The lists may be trade secrets if they (1) have independent commercial value because of their contents, i.e. would be helpful to a competitor, and (2) the owner of the lists has taken reasonable precautions to keep the contents of the lists more or less secret, i.e., access to them is on a need-to-know basis and not open to all prying eyes.

In addition, the employee must have done, or intend to do, something inappropriate with the lists, such as use them to start a competing business or sell them to a competitor. The law isn't absolute; it's a no-harm, no-foul law.

Further, breach is a civil offense, not a crime, and the call center would be entitled to money damages and maybe an injunction. It is possible that a D.A. could separately charge a criminal act, e.g. theft, but this is rather unlikely unless the stakes were very high.

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Answered on 3/13/07, 5:13 pm
OCEAN BEACH ASSOCIATES OCEAN BEACH ASSOCIATES

Re: Call Center Contacts

Certainly is covered by Trade Secrets Act. Doubtful that you can get law enforcement involved. You may sue civily for conversion and request the list back. For assistance call me directly.

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Answered on 3/13/07, 5:19 pm


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