KELLY v. Salomon Smith Barney, Inc Part I
An action seeking to enjoin practice of Atlanta branch of nationwide brokerage firm--which has numerous offices and does extensive business in California--of recording telephone calls made to and from California clients without their knowledge or consent and seeking to recover damages for past recordings--where California law prohibits recording of a telephone conversation without the consent of all parties to the conversation whereas Georgia law allows recording of a telephone conversation where one party to conversation consents--California law should apply with respect to injunctive relief because failure to apply California law would impair California's interest in protecting degree of privacy afforded to California residents by California law more severely than application of California law would impair any interests of the state of Georgia; Georgia law should apply with respect to the request for damages for calls recorded in past because Georgia's interest would be more severely impaired were monetary liability to be imposed for such past conduct.
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