A state trial judge has allowed Nicor Gas Co. to submit a sample of recorded customer calls in an Illinois consumer class action after concluding that doing so would not violate an Illinois privacy statute.
Adam Levitt, head of the consumer practice group at Grant & Eisenhofer, filed the case on behalf of Illinois customers who accused Nicor of misrepresenting the benefits of a gas line repair warranty service known as ComfortGuard. During discovery, Nicor, now part of AGL Resources Inc., sought to introduce recorded calls that its representatives made to customers as a sampling of what its employees actually said to customers.
