Capella Hotel Says Constitution Bars Call-Recording Suit

Law360, New York (November 25, 2013, 2:38 PM EST) -- Luxury hotel company Capella Hotel Group LLC asked a California federal judge Friday to toss a proposed class action that alleges it violated California privacy law by illegally recording customer service telephone calls, saying that applying California's privacy laws to interstate calls violates the Constitution's Commerce Clause.

Capella contends that plaintiff Brian McKnight has failed to properly plead the case, which includes reservation call center  Advantage Reserve LLC as a second defendant, and further argues that applying the state's privacy laws to interstate calls would impose...
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