Capital One Dodges Privacy Class Action Over Recorded Calls

Law360, New York (October 3, 2012, 4:23 PM EDT) -- A California judge on Monday rejected Capital One’s argument that a class action over the recording of telephone conversations is federally preempted by interstate commerce laws, but dismissed the suit for failing to sufficiently demonstrate the recorded calls were confidential.

Capital One claimed the California state law under which the plaintiffs are suing is preempted by the Commerce Clause of the U.S. Constitution and other federal laws because it involves direct regulation of interstate commerce, an argument the bank based on the unsupported assumption that the...
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