Calif. Privacy Law Shouldn't Apply To NY Calls: JPMorgan

Law360, New York (August 12, 2011, 3:22 PM EDT) -- JPMorgan Chase Bank NA argued Thursday that the U.S. Constitution's commerce clause barred a putative class action accusing the mortgage loan servicer of violating California law by recording outbound calls to customers without providing notice or gaining consent.

Because federal wiretapping law and the law of New York, where JPMorgan made the calls from, do not require both parties’ permission to record phone calls, the extraterritorial application of California’s all-party consent rule to the instant action would result in a single state directly regulating conduct occurring...
To view the full article, register now.