No. 14-5123 Huff, et al. v. Spaw Page 3 replacing Candace McGraw as CEO. While on the balcony, James Huff tried to call Spaw’s personal cellphone using his iPhone to ask her to make dinner reservations for him and Savage. The call did not connect because James misdialed Spaw’s number. After this unsuccessful attempt, James placed the iPhone in his suit’s breast pocket. Savage then successfully called Spaw’s office phone using his personal cellphone and had her make reservations. After this phone call, Savage and Spaw hung up their respective phones. Soon thereafter, while James Huff spoke with Savage about CVG personnel matters, the iPhone in James’s suit pocket placed a pocket-dial call to Spaw’s office phone. Spaw answered and could hear James Huff and Savage talking, but she could not understand what they were saying. She said “hello” several times but got no response. Spaw asked her colleague, Nancy Hill, to help decipher what James Huff and Savage were saying. Spaw then put the phone on speaker mode to enhance the volume and said “hello” several more times. Within ninety seconds, Spaw and Hill determined that Huff and Savage were discussing McGraw’s employment situation and that the call was not intended for them. Spaw began to take handwritten notes of the conversation and instructed Hill to do the same. Spaw claims that she believed that she heard James Huff and Savage engaged in a discussion to discriminate unlawfully against McGraw and felt that it was her responsibility to record the conversation and report it through appropriate channels. The pocket-dial call lasted approximately 91 minutes,2 during which Spaw listened continuously. James Huff and Savage spoke on the hotel balcony about CVG personnel matters for approximately the first 40 minutes of the pocket-dial call. The two board members then left the balcony to attend a meeting in a conference room. Spaw stayed on the line and asked Hill to obtain an iPhone from the CVG IT Department with which she could record the call. The meeting in the conference room ended approximately 70 minutes into the call. James Huff and Savage left the meeting room and walked back to their respective hotel rooms. Along the way, Spaw heard them talking about innocuous subjects such as their children’s activities, taking a nap, and evening plans. Approximately 75 minutes into the call, James Huff returned to his hotel 2 According to James Huff’s cell phone records, his phone placed a 91-minute call to Spaw’s office phone at 3:35 PM in Italy (9:35 AM EST) on October 24, 2013 . However, Carol Spaw testified that the call ended at 11:04, which would indicate a total duration of 89 minutes (9:35 AM to 11:04 AM). On appeal, both parties agree that the call lasted 91 minutes. Appellants’ Br. at 7; Appellee’s Br. at 10.