Time Warner Asks Judge To Dismiss Data Retention Class Action

Earlier this week, Time Warner Cable asked a Wisconsin federal judge to dismiss a data privacy class action lawsuit that alleges the company illegally holds private, personally identifying information about former subscribers, arguing that the plaintiff hasn’t suffered any harm.

Time Warner alleges that plaintiff Derek Gubala’s class action lawsuit should be dismissed and that he shouldn’t be given another opportunity to amend the complaint because “he has run out of opportunities to plead a viable case in federal court.”

Gubala initially filed the Time Warner class action lawsuit in September, arguing that the cable company illegally retains information such as Social Security numbers, addresses, credit card numbers and dates of birth from subscribers who terminated their contracts with the company. Gubala claims he was a Time Warner Cable subscriber from 2004 to 2006, but Time Warner retained his information until 2014.

According to the Time Warner class action lawsuit, retaining former subscribers’ data for such a long period of time is a violation of the Cable Communications Policy Act. Further, Gubala alleges that the practice compromises customers’ privacy and diminishes the financial value of their data.

The cable company sought to compel arbitration in October, but Gubala subsequently filed an amended class action lawsuit that sought injunctive relief. Time Warner argues that Gubala did not adequately state a claim for injunctive relief based on a violation of the Cable Communications Policy Act, and that the class action lawsuit should be dismissed.

Gubala has not justified his request for an injunction that would require Time Warner to destroy former subscribers’ data, the cable company argues. Time Warner asserts that he seeks injunctive relief “only as a tactic to avoid the parties’ binding arbitration agreement.”

Further, Gubala fails to support his claim that consumers’ ability to control their personal information has monetary value, Time Warner claims. According to the cable company, he hasn’t shown that he suffered irreparable harm or that a cash payment wouldn’t be sufficient to make him whole.

“Despite amending his complaint twice, Plaintiff still fails to plead the essential elements for injunctive relief,” Time Warner argues in support of its motion to dismiss the data privacy class action lawsuit. “Any further amendment would be futile because a legal remedy (i.e., money damages) is adequate and available to Plaintiff in arbitration where there is harm.”

“In short, plaintiff’s conclusory allegation of an ongoing violation of federal law does not state a claim for injunctive relief, and the court should dismiss [Gubala’s amended class action lawsuit] with prejudice,” Time Warner argues.

Gubala is represented by Jacob E. Miota of Miota Law LLC and Joseph J. Siprut, Richard L. Miller II and Ismael T. Salam of Siprut PC.

The Time Warner Cable Data Retention Class Action Lawsuit is Gubala v. Time Warner Cable Inc., Case No. 2:15-cv-01078, in U.S. District Court for the District of Wisconsin.

UPDATE: On June 17, 2016, the judge dismissed the lawsuit, stating that the complaint “does not allege a concrete harm”.  The plaintiff has filed an appeal to the ruling.  Top Class Actions will continue to provide updates as we learn more.