Neuberger Quinn wins dismissal of Class Action Lawsuit
November 21, 2017
Neuberger, Quinn attorneys, Nathan D. Adler, Elliott E. Engel, and Megan E. Ix, successfully obtained a dismissal with prejudice of a class action lawsuit filed against a client, an out-of-state auto financing company, alleging that the lender violated the Maryland Wiretapping Act by recording calls without the consent of Maryland residents. The hotly contested lawsuit sought damages of “$100 per day for each violation or $1,000 whichever is greater” for the entire class over the course of three years. After removing the case from the Montgomery County Circuit Court, which included several additional claims, to federal court, the federal court granted the Motion to Dismiss on the federal claims, and remanded the Wiretapping Act claim to state court. Neuberger, Quinn, Gielen, Rubin & Gibber, P.A. filed a Motion to Dismiss the remaining claim. Elliott Engel argued the Motion to Dismiss the Complaint, which was amended twice, on the grounds that, among other things, the Act does not extend extraterritorially and only regulates intrastate conduct. The court agreed and dismissed the lawsuit with prejudice.