O'Sullivan v. Nynex Corp.

The plaintiffs, Kenneth O’Sullivan and other NYNEX customers (plaintiffs), appeal from the entry of summary judgment against them in favor of the defendant, NYNEX Corporation (NYNEX), on a claim that NYNEX violated G. L. c. 272, § 99 (wiretap statute). We transferred the appeal to this court on our own motion. The plaintiffs argue that the motion judge erred in determining that NYNEX’s secret monitoring and recording of calls from NYNEX telemarketers to customers fell within the “telephone equipment” and “common carrier” *262exceptions set forth in G. L. c. 272, § 99. Because we conclude that the…