Justia Communications Law Opinion Summaries

Articles Posted in Banking
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In the underlying operative complaint, plaintiff Dalia Rojas pleaded two causes of action against defendants HSBC Card Services Inc. and HSBC Technology & Services (USA) Inc. (together HSBC) based on HSBC's alleged violations of Rojas's right to privacy under the California Invasion of Privacy Act (Privacy Act). Rojas alleged that HSBC intentionally recorded certain of her confidential telephone conversations in violation of: section 632(a), which prohibited one party to a telephone call from intentionally recording a confidential communication without the knowledge or consent of the other party; and section 632.7(a), which prohibited the intentional recording of a communication using a cellular or cordless telephone. Rojas appealed the grant of summary judgment in favor of HSBC. The Court of Appeal agreed with Rojas that, because HSBC did not meet its initial burden under Code of Civil Procedure section 437c (p)(2), the trial court erred in granting HSBC's motion for summary judgment. Accordingly, that judgment was reversed and the matter was remanded with directions to enter an order denying HSBC's motion. View "Rojas v. HSBC Card Services" on Justia Law

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In the underlying operative complaint, plaintiff Dalia Rojas pleaded two causes of action against defendants HSBC Card Services Inc. and HSBC Technology & Services (USA) Inc. (together HSBC) based on HSBC's alleged violations of Rojas's right to privacy under the California Invasion of Privacy Act (Privacy Act). Rojas alleged that HSBC intentionally recorded certain of her confidential telephone conversations in violation of: section 632(a), which prohibited one party to a telephone call from intentionally recording a confidential communication without the knowledge or consent of the other party; and section 632.7(a), which prohibited the intentional recording of a communication using a cellular or cordless telephone. Rojas appealed the grant of summary judgment in favor of HSBC. The Court of Appeal agreed with Rojas that, because HSBC did not meet its initial burden under Code of Civil Procedure section 437c (p)(2), the trial court erred in granting HSBC's motion for summary judgment. Accordingly, that judgment was reversed and the matter was remanded with directions to enter an order denying HSBC's motion. View "Rojas v. HSBC Card Services" on Justia Law

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American Satellite, a third party retailer of Dish Network satellite television services, received a call from a potential customer. A woman, who identified herself as “Dickley,” provided what she claimed to be her social security number. In actuality, the number belonged to a man named Bickley. Dickley was an identity thief. The agent entered Dickley’s name and social security number into an interface that connects to credit reporting agencies. Unable to verify the information, American Satellite informed Dickley that her attempt to open an account was declined. Bickley later received a credit report indicating that Dish had made an inquiry on his name. Dish informed him that someone had attempted to open an account in his name, providing a recording of the conversation between the agent and the identity thief. A year later, despite knowing that the inquiry had prevented the theft of his identity, Bickley filed suit under the Fair Credit Reporting Act, 15 U.S.C. 1681b, alleging request and use of his credit report without a “permissible purpose” and sought emotional distress damages. The district court entered summary judgment for Dish, including a counterclaim for abuse of process. The Sixth Circuit affirmed, referring to the conspicuous underdevelopment of key factual detail in Bickley’s complaint and in briefs as “bordering on deceitful” and to the adage that no good deed goes unpunished. View "Bickley v. Dish Network LLC" on Justia Law