Consumers who’ve filed a proposed class action against Bank of America claiming the bank employed overly broad nondisparagement clauses in its online service agreements have asked to send their case up to the Ninth Circuit. The ruling comes after a California federal judge tossed the proposed class action for the second time in July.
In an official notice submitted Tuesday, the plaintiffs indicated that they planned to challenge a ruling last week by U.S. District Judge Sherilyn Peace Garnett rejected their claim and concluded it failed to demonstrate statutory grounds under California law.
BofA Gag Clause Suit : Nondisparagement Clauses Allegations
The suit, originally filed in 2017, alleged Bank of America broke a California state law banning sales contracts from restricting consumers’ right to publicly comment on the sellers or their merchandise. According to the plaintiffs, USAA’s online services agreement contained language that served as a nondisparagement clause preventing users from making public negative statements about the bank.
