Taylor Swift (Photo by Frazer Harrison/Getty)
First, I’m assuming TMZ’s source accurately says the call was recorded in a studio in California, which is a two-party consent state. If Kimye [Kim Kardashian West and Kanye West] did not tell Taylor [Swift] that they were recording the phone call, they may be exposed to both criminal and civil liability under California’s Invasion of Privacy Act (CIPA) as well as under tort law. There is a one-year statute of limitations for a civil action under CIPA, and I believe a criminal action of this sort usually runs its course in less than that time. Now, if no prosecutor chooses to pursue this within the next month or so, Taylor might bring a civil lawsuit.
By the way, the criminal statute doesn’t provide for very stiff fines, only $2,500. But it also carries up to one year in jail time. So, while the fine is a mosquito bite for Kimye, the threat of jail time may sting their psyches. On the other hand, it could make great reality TV. Now, regarding the civil statute, the statutory damages are a bit higher, at $5,000 per violation, or up to three times the amount of actual damages. Under tort law, Kimye could also potentially face sky-high punitive damages.
How You Can Take Control Of Your Firm’s Financial Future
Roadblocks to data-driven business management are falling, and a better bottom line awaits.
— William Hochberg and Kelly Raney of Greenberg Glusker Fields Claman & Machtinger, explaining the reasons why pop star Taylor Swift may have grounds to sue rapper Kanye West and his wife, Kim Kardashian West, for recording a conversation they had about West’s song, “Famous,” and later publishing it online via Snapchat. West’s song contains the following lyrics, which Swift allegedly approved on the recorded call: “I feel like me and Taylor might still have sex. Why? I made that bitch famous.”
(Since Swift reportedly knew that the conversation was taking place on speakerphone with others present, she had “no expectation of privacy,” and would likely be unable to win in a criminal or civil case.)
Staci Zaretsky is an editor at Above the Law. Feel free to email her with any tips, questions, or comments. Follow her on Twitter or connect with her on LinkedIn.