Faulkner v. ADT Security Services, Inc.

Summarized by:

  • Court: 9th Circuit Court of Appeals Archives
  • Area(s) of Law: Civil Procedure
  • Date Filed: 01-17-2013
  • Case #: 11-16233
  • Judge(s)/Court Below: Circuit Judge Sack for the Court; Circuit Judges Gould and M. Smith
  • Full Text Opinion

Stipulation of a Tribal Enrollment Certificate was insufficient evidence to establish the defendant’s Indian status for purposes of the defendant’s conviction under the Major Crimes Act, 18 U.S.C. § 1153, which grants federal jurisdiction over enumerated crimes committed by Indians in Indian country.

Faulkner appealed the district court’s order granting ADT Security Services, Inc. (“ADT”)’s motion to dismiss, and sought to amend his original complaint to plead a cause of action under California’s invasion of privacy law. Faulkner had called ADT to dispute charges found on his bill and during the call he heard beeping and clicking. When asked, the representative responded to Faulkner that the conversation was being recorded. Faulkner asked to be transferred to a non-recorded line to speak to a supervisor, where that supervisor told Faulkner it was company policy to record all conversations with customers. Faulkner alleged that these conversations were protected from being recorded without permission under California’s invasion of privacy laws. Faulkner brought a putative class action suit alleging that ADT unlawfully recorded telephone conversations without permission. ADT successfully removed the case to federal court on diversity grounds and moved to dismiss for failure to state a cause of action. The district court determined that Faulkner’s complaint, as written, did not plead a cause of action and granted the motion to dismiss. The Court, although unpersuaded by Faulkner’s allegations, remanded the case to allow Faulkner the opportunity to amend his complaint. REMANDED.

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