ARTICLE
18 August 2016

Applying Spokeo, Wisconsin Federal District Court Judge Dismisses Time Warner Cable Personal Information Collection Case

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Herbert Smith Freehills Kramer LLP

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A Wisconsin federal judge dismissed claims against Time Warner Cable by one of its former customers on the grounds that the customer lacked Article III standing.
United States Litigation, Mediation & Arbitration

Gubala v. Time Warner Cable, No. 15-1078 (E.D. Wis. June 17, 2016)  

A Wisconsin federal judge dismissed claims against Time Warner Cable by one of its former customers on the grounds that the customer lacked Article III standing. Plaintiff had alleged that Time Warner Cable collected personal information — including names, addresses and Social Security numbers — from customers and maintained the information even after those customers canceled their subscription plans. Applying Spokeo, the district court held that the complaint failed to allege any concrete injury as a result of Time Warner's retention of customers' personal information, as plaintiff had not alleged any misuse of his personal information. Plaintiff's complaint was dismissed for lack of standing, as well as on separate grounds for failure to state a claim. View the decision. (Read our discussion of Spokeo in Consumer Fraud Class Action Developments.)

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