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...
To view the full article, register now.

Documents

Related

Sections

Case Information

Case Title

Stanley Nader v. Capital One Bank USA, N.A. et al


Case Number

2:12-cv-01265

Court

California Central

Nature of Suit

P.I.: Other

Judge

Dale S. Fischer

Date Filed

February 13, 2012

Law Firms

Government Agencies

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.