Quesada v. Banc of America Investment Services, No. 11-cv-01703 (N.D. Cal.) (Feb. 19, 2013)
Judge Rogers. Denying class certification.
A California client of Merrill Lynch (successor-in-interest to Banc of America Investment Services) sued the investment firm alleging that it violated California’s Invasion of Privacy Act by surreptitiously recording her conversations with Merrill employees. She sought to represent a class of other taped customers.
Judge Rogers denied class certification because there was no common evidence of lack of consent to the taping.
Written by David Carpenter, Senior Associate, Litigation & Trial Practice, Brian Boone, Senior Associate, Litigation & Trial Practice and Dave Venderbush, Counsel, Products Liability | Alston & Bird LLP