A Time Warner customer filed a putative class action suit against it alleging that it violated the Cable Communications Privacy Act because it stored personal information of customers improperly. In particular, he alleged that Time Warner kept his information for eight years after he no longer was a customer, in violation of the Cable Communications Privacy Act.
The 7th Circuit has disagreed, stating that the lead plaintiff was unable to plausibly allege that his personal data was at risk as a result of the improper storage. Although the Court agreed that there may have been a risk that his data may have been disclosed or obtained by an unauthorized individual, the plaintiff did not allege that “Time Warner has ever given away or leaked or lost any of his personal information or intends to give it away or is at risk of having the information stolen from it.” Further it stated that he has not alleged any plausible risk of harm to himself because of the conduct, and therefore, had no cause of action.
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