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Barrister, Appreciate your help previously! Unfortunately,

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Hi Barrister, Appreciate your help previously...
Hi Barrister,
Appreciate your help previously! Unfortunately, Google did not accept the CA statute.Here is the current situation, to bring you back up to speed, since its been awhile. I market for a personal loan lender via Google, in about 20 states. I place ads in google, that generate phone calls, from folks that are interested in applying for a loan. Google wants to record the calls, which would violate the contract I have in place with the lender. Google does not honor the contract, and requires a specific statute or legal regulation to allow exemption of the recordings.I spoke with my lenders legal counsel to form a response to Googles denial of the CA statute that does not allow 3rd parties to record calls. Since the counsel for my client does not represent me, they could not draft a response and could only provide direction as to what to refer to. Here is what they suggested I draft a response with:
1. Tortious interference - Google would be interfering with our contract + relationship
2. Gramm Leach Bliley Act
1. Similar to HIPPA
2. EU digital privacy regulations provide full coverage in UK, etc.
Focus on the definitions, FTC (website gives great definition).I attempting quoting several parts of the GLB Act, submitted, and I obviously didn’t do a good job as Google responded with:
"I've confirmed that what we need is an opinion from counsel laying out what is the specific statutory ground that prevents their client from participating in call recording. Specifically, what we would need is for their legal team to (1) identify the specific statute and relevant restrictive language, and (2) apply those restrictions to their business and the calls users place to them via AdWords. In other words, yes, we would like the client's legal team to interpret the statute for this request, and provide us their argument. "Quite simply, my lender/client would be violating the Act, as would Google, by not safeguarding customer information via call recordings (I interpret as electronic in the act). I need to respond to the above request, from Google, in legal terminology to suffice. All make sense?
Submitted: 4 months ago.Category: Legal
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1/3/2018
Lawyer: Barrister, Attorney replied 4 months ago
Barrister
Barrister, Attorney
Category: Legal
Satisfied Customers: 41,599
Experience: 17 yrs practice, Civil, Criminal, Domestic, Realtor, Landlord 26 yrs
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Customer reply replied 4 months ago
Hi Barrister, do you know if this new attorney will be contacting me or this something that can't be done?
Lawyer: Attorney2, Attorney replied 4 months ago
Attorney2
Attorney2, Attorney
Category: Legal
Satisfied Customers: 8,454
Experience: 30 Years In General Practice,
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Barrister opted out and decided not to work with you. How can I help?

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Customer reply replied 4 months ago
Hello, below is the content sent to Barrister. I tried to be as thorough as possible. Please let me know if you have any questions. I just need a paragraph addressing Googles request. I don't need it be official, or even to list an attorney on it...just the content in legal language that I can send my account representative at Google.Here is the current situation, to bring you back up to speed, since its been awhile. I market for a personal loan lender via Google, in about 20 states. I place ads in google, that generate phonecalls, from folks that are interested in applying for a loan. Google wants to record the calls, which would violate the contract I have in place with the lender. Google does not honor the contract, and requires a specific statute or legal regulation to allow exemption of the recordings.I spoke with my lenders legal counsel to form a response to Googles denial of the CA statute that does not allow 3rd parties to record calls. Since the counsel for my client does not represent me, they could not draft a response and could only provide direction as to what to refer to. Here is what they suggested I draft a response with:
1. Tortious interference - Google would be interfering with our contract + relationship
2. Gramm Leach Bliley Act
1. Similar to HIPPA
2. EU digital privacy regulations provide full coverage in UK, etc.
Focus on the definitions, FTC (website gives great definition).I attempting quoting several parts of the GLB Act, submitted, and I obviously didn’t do a good job as Google responded with:
"I've confirmed that what we need is an opinion from counsel laying out what is the specific statutory ground that prevents their client from participating in call recording. Specifically, what we would need is for their legal team to (1) identify the specific statute and relevant restrictive language, and (2) apply those restrictions to their business and the calls users place to them via AdWords. In other words, yes, we would like the client's legal team to interpret the statute for this request, and provide us their argument. "Quite simply, my lender/client would be violating the Act, as would Google, by not safeguarding customer information via call recordings (I interpret as electronic in the act). I need to respond to the above request, from Google, in legal terminology to suffice. All make sense?Thanks,
Curt
Lawyer: Attorney2, Attorney replied 4 months ago

How is this going through google?

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Lawyer: Attorney2, Attorney replied 4 months ago
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Customer reply replied 4 months ago
I advertise on Google Adwords by place ads for the personal loan client. I pay for the call to be generated when someone clicks on my ad. Since my core business focuses on calls, all click to call only ads so every person calls. Google is enhancing the callers experience by supposedly recording the calls which violates the contract with my client.Thos recording laws is what Barrister had suggested and I proposed the 1st time. Google denied as the caller can technically opt in with google putting a prompt at the front of the phone call something like "this call will be recorded. by continuing you agree to this" which basically nix's that law. The GLB Act is where my lender/client said to concentrate on and to take verbiage from that. I attempted that, but wasn't sufficient as Google denied. I'm not the greatest writer, nor drafter of legal language. I can send what I attempted if that would help.
Lawyer: Attorney2, Attorney replied 4 months ago

Google has their own terms of service.

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Lawyer: Attorney2, Attorney replied 4 months ago

What leads you to believe that Google needs to honor your contract with a client?

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Lawyer: Attorney2, Attorney replied 4 months ago

Are you online with me?

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Customer reply replied 4 months ago
Sorry, out and about. The ACT says specifically my lender essentially needs to control the electronic records of any consumers information for privacy. By knowingly allowing, or knowingly acknowledging that I am going to allow Google to record would violate that act as they are the lender and have no control over what Google does with the information. The colors fully disclosed there's social , their address, and all other personal information to apply for the loan which Google would have access to and whomever else has access to Google systems. Much like HIPAA regulations, which Google accepts on health insurance calls, this would directly impact the compliance portion of the ACT, Google should not be allowed to record the calls. If I were selling the calls to a health insurance client Google would automatically allow an exception on recording the calls due to the HIPAA Act. The personal loan Act is extremely similar and I just need legal language to explain why so.
Lawyer: Attorney2, Attorney replied 4 months ago
Google has no duty to honor your contract. HIPAA regulations only relate to health care providers. https://www.thebalance.com/hipaa-law-and-medical-privacy-2645657
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Customer reply replied 4 months ago
Yup, HIPAA is for health insurance only. The glb ACT is specific to the personal loan industry and I was trying to relate to HIPAA in regards ***** ***** privacy. Sorry for the long explanation below but this is exactly what I tried to quote in the glb act and send to Google but I didn't summarize it very effectively.For the personal loan account, I will do my best to flag the specific language below. Please let me know if not sufficient. and I will engage my attorney to site specifics. It seems straight forward to me. My client cannot allow anyone access to their customer information. They would be in direct violation of the act, by allowing anyone access to this information whether it be written on paper, kept in a database, or simply access to it via call recordings. By accessing the customer information via information provided on a phone call, without approval from my client, Google would also be in direct violation of the act.At a high level, the act refers to safeguarding customer information throughout. The customer submits personal information on the call, to apply for a loan, that is not available to the general public. To apply for a loan, the caller must provide their address, phone number, social security number, and banking information. This information is available in the call recordings, and would be considered an electronic form of the customer information, and is not available to the general public. Here is the definition of customer information cited throughout the act:
Customer informationCustomer information means any record containing nonpublic personal information as defined in 16 CFR 313.3(n), about a customer of a financial institution, whether in paper, electronic, or other form, that is handled or maintained by or on behalf of you or your affiliates.In general terms, as a lender, my client must have control over safeguarding customer information. The caller submits all personal information on the call, to apply for a loan. This information is available in the call recordings. There is inference that call recordings would be the "access" to the customer information. In 314.3, the standard of safeguarding customer information is spelled out in (b) objectives and points 1, 2, and 3. These objectives clearly spell out customer information can be considered "electronic" which is call recordings. Here is a specific statement that points out customer information, including electronic records(which would be call recordings), must be kept confidential. This is the statement from (b) objectives and points 1. Allowing a 3rd party to access the call recordings, 3rd party would be "Google" in this case, would put my client in direct violation of the act, as they would no longer be keeping their customer information confidential.
(1) Insure the security and confidentiality of customer information;Furthermore, in (b) objectives and point 2, my client must comply with protecting against threats or hazards to the security or integrity of customer information. Allowing a 3rd party to access the call recordings, 3rd party would be "Google" in this case, would put my client in direct violation of the act, as they could no longer protect against threats or hazards of customer information by allowing a 3rd party access to it. Here is the specific statement:(2) Protect against any anticipated threats or hazards to the security or integrity of such information; andFurthermore, in (b) objectives and point 3, my client must protect against unauthorized access to customer information. Allowing a 3rd party to access the call recordings,3rd party would be "Google" in this case, would put my client in direct violation of the act, as they could no longer protect against access to customer information, that could cause substantial harm or inconvenience, by allowing a 3rd party access to it. Here is the specific statement:(3) Protect against unauthorized access to or use of such information that could result in substantial harm or inconvenience to any customer.Here is the entire 314.3 section, that applies to safeguarding customer information:§ 314.3 Standards for safeguarding customer information.(a)Information security program. You shall develop, implement, and maintain a comprehensive information security program that is written in one or more readily accessible parts and contains administrative, technical, and physical safeguards that are appropriate to your size and complexity, the nature and scope of your activities, and the sensitivity of any customer information at issue. Such safeguards shall include the elements set forth in § 314.4 and shall be reasonably designed to achieve the objectives of this part, as set forth in paragraph (b) of this section.(b)Objectives. The objectives of section 501(b) of the Act, and of this part, are to:(1) Insure the security and confidentiality of customer information;(2) Protect against any anticipated threats or hazards to the s
Lawyer: Attorney2, Attorney replied 4 months ago
I am going to opt out of your question for another Attorney.
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