The plaintiffs will take issue with Judge Garnett’s reasoning in their appeal, though the notice of appeal did not detail what their argument to the Ninth Circuit would be.
BofA Gag Clause Suit : Class Action Scope
The action was brought on behalf of six named plaintiffs and a putative class potentially including tens of thousands of California consumers who had used BOA’s online or mobile banking services. The plaintiffs claim the bank is in violation of California consumers’ free speech rights for imposing an allegedly illegal penalty (account suspension or termination) on any statement made by a user that “reflects poorly upon [the] public image” of Chase.
Legal Representation
The plaintiffs are represented by Singleton Schreiber LLP and solo practitioner Thomas A. Leary, while Bank of America is defended by WilmerHale with attorneys Matthew D. Benedetto and Vivek A. Banerjee heading the defense team
