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.

Documents

Related

Sections

Case Information

Case Title

Kerry Moriarty v. JPMorgan Chase Bank NA et al


Case Number

2:11-cv-05844

Court

California Central

Nature of Suit

Other Statutory Actions

Judge

Dolly M. Gee

Date Filed

July 15, 2011

Law Firms

Companies

UK Financial Services

UK Financial Services

Read Our Latest UK Financial Services Coverage

Financial Services Law360 UK provides breaking news and analysis on the financial sector. Coverage includes UK and European Union policy, enforcement, and litigation involving banks, asset management firms, and other financial services organizations.