Skip to main content

Are you a legal professional? Visit our professional site

Please enter a legal issue and/or a location
Begin typing to search, use arrow keys to navigate, use enter to select

Howe v. Bank of America N.A., No. G040669

By FindLaw Staff on December 09, 2009 12:29 PM

In plaintiffs' putative class action suit against defendant and other entities claiming discrimination under the Unruh Civil Rights Act by requiring that U.S. citizens provide a Social Security number to open a particular type of credit card account, while allowing foreign nationals to open such accounts with only alternative forms of identification, trial court's order sustaining defendant's demurrer to the complaint is affirmed where: 1) as a matter of law, Bank of America did not act arbitrarily as 31 C.F.R. section 103.121, which was enacted pursuant to the legislation commonly known as The USA Patriotic Act, expressly requires defendant to obtain Social Security numbers from U.S. citizens; and 2) because defendant's credit card program merely applied federally imposed minimum identification standards to all applicants for its accounts, the practice bears a reasonable relationship to Bank of America's commercial objectives and was consequently valid on its face.     

Read Howe v. Bank of America N.A., No. G040669 [HTML]

Read Howe v. Bank of America N.A., No. G040669 [PDF]

Appellate Information

Filed December 9, 2009

Judges

Opinion by Judge Bedsworth

Counsel
For Appellant:   The Rava Law Firm and Alfred G. Rava

For Appellee:   Morrison & Foerster, Arturo J. Gonzalez, William L. Stern and Claudia M. Vetesi

You Don’t Have To Solve This on Your Own – Get a Lawyer’s Help

Meeting with a lawyer can help you understand your options and how to best protect your rights. Visit our attorney directory to find a lawyer near you who can help.

Or contact an attorney near you:
Copied to clipboard

Find a Lawyer

More Options