John Faulkner v. Adt Security Services, Inc.

John Faulkner, a California resident, brought a putative class action against ADT Security Services, Inc., ADT Security Systems, West, Inc., and Tyco International, Inc., (collectively “ADT”) in California Superior Court alleging that ADT recorded his telephone conversation with an ADT representative without his consent in violation of Section 632 of California’s invasion of privacy law. Cal.Penal Code § 632. The case was later removed by the defendant to the United States District Court for the Northern District of California on diversity grounds. Upon ADT’s motion, the district court concluded that Faulkner’s pleadings failed to state a plausible claim upon which relief could be granted and therefore dismissed the action pursuant to Federal Rule of Civil Procedure 12(b)(6). Although we agree with the district court, we remand in order to give the plaintiff an opportunity to seek to amend his complaint to successfully plead a cause of action under the federal standards set forth in Ashcroft v. Iqbal, 556 U.S. 662 , 129 S.Ct. 1937 , 173 L.Ed.2d 868 (2009), and Bell Atlantic Corp. v. Twombly, 550 U.S. 544 , 127 S.Ct. 1955 , 167 L.Ed.2d 929 (2007).

FACTUAL AND PROCEDURAL…