Dillon v. Massachusetts Bay Transportation Authority

This matter comes before the court on the motion of the plaintiff, Thomas P. Dillon (“Dillon”) for summaiy judgment pursuant to Mass.RCiv.P. 56(c). Dillon alleges that the defendant’s practice of recording the telephone conversations of employees was unlawful, in violation of G.L.c. 272, §99 (the “Wiretap Act”). The defendant, Massachusetts Bay Transportation Authority (“MBTA”) denies any illegality, claiming that: 1) the MBTA is not amenable to suit under the Wiretap Act because it is not a “person” as defined in the statute, 2) the recording practices were known to plaintiff, and therefore…