California’s privacy statute regulates companies, but not against out-of-state plaintiffs: a recent decision, two takeaways

By Perrie Michael Weiner, Anahit Tagvoryan and Esteban Morales

Throughout 2013 and into the new year, the plaintiffs’ bar has continued to file a steady stream of privacy-related class action claims. With statutes such as California’s Invasion of Privacy Act (CIPA) and the federal Telephone Consumer Protection Act providing for fixed statutory damages, the potential exposure for companies that are sued for making telephone calls in violation of the law can be staggering.

In suits featuring California state law claims and out-of-state plaintiffs, a worthwhile strategy to explore is whether it is possible to limit, or, as we succeeded doing in our client’s case, even eliminate liability by invoking more favourable out-of-state law.

A recent Central District Court decision — Jonczyk v First National Capital Corp — illustrates how an early choice-of-law evaluation in a call-recording case can curb a class action suit at the pleading stage. Although the decision came in the context of CIPA, in appropriate cases the court’s reasoning may extend outside the scope of CIPA and curtail other California privacy or consumer class actions under California law…

Click on the link below to read the rest of the DLA Piper briefing.

Sign in or Register to continue reading this article

Sign in


It's quick, easy and free!

It takes just 5 minutes to register. Answer a few simple questions and once completed you’ll have instant access.

Register now

Why register to The Lawyer


Industry insight

In-depth, expert analysis into the stories behind the headlines from our leading team of journalists.


Market intelligence

Identify the major players and business opportunities within a particular region through our series of free, special reports.


Email newsletters

Receive your pick of The Lawyer's daily and weekly email newsletters, tailored by practice area, region and job function.

More relevant to you

To continue providing the best analysis, insight and news across the legal market we are collecting some information about who you are, what you do and where you work to improve The Lawyer and make it more relevant to you.

Briefings from DLA Piper

View more briefings from DLA Piper

Analysis from The Lawyer

View more analysis from The Lawyer


3 Noble Street

Turnover (£m): 1,566.29
No. of lawyers: 3,961 (UK 200)
Jurisdiction: global
No. of offices: more than 75
No. of qualified lawyers: 542 (International 50)
No. of partners: 142.6