Robertson vs. Alliance Data Systems, Inc.

Robertson v. Alliance Data Systems, Inc. (M.D. Fla. – January 31, 2014) – Case No. 8:05-CV-000930. Plaintiffs brought a class action against our client ADSI, an issuer of private label credit accounts, claiming ADSI violated the Florida Security of Communications Act, Florida Statutes, Chapter 934, by recording telephone conversations without prior consent. The case was heavily litigated over the course of more than two years.  Ultimately, the parties filed respective motions for summary judgment. In our Motion for Summary Judgment, we argued that ADSI was entitled to summary judgment based upon the so-called “business extension exception” to the FSCA, relying on the Eleventh Circuit Court’s decision in Royal Health v. Jefferson-Pilot. The federal district court agreed holding that it was the telephone system itself and not the recording equipment that “intercepted” the calls at issue.