7th Circuit Upholds Dismissal of Class-Action Against TWC
A lower court was right to dismiss a class-action complaint against Time Warner Cable for retaining a former customer's personal information eight years later because the plaintiff has at best a claim that the possible violation of the Cable Communications…
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Policy Act "has made him feel aggrieved," the 7th U.S. Circuit Court of Appeals wrote in an opinion (in Pacer) Friday. Judge Richard Posner, writing the opinion, said plaintiff Derek Gubala did face a risk of harm but never alleged TWC gave away, lost or leaked any of Gubala's information or intends to do so and hasn't shown any risk of harm that's substantial enough to be considered concrete, as required in Spokeo v. Robins. Also siding with TWC were Frank Easterbrook and Diane Sykes. Counsel for Gubala didn't comment Monday.