Comcast Privacy Class Action Arbitration Decision Appealed by Plaintiff

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Comcast Privacy Class Action Lawsuit Overview: 

• Who: The plaintiff in a class action lawsuit against Comcast Cable Communications, LLC asked to appeal a decision forcing consumers into arbitration. 
• Why: The plaintiff says that Comcast fails to tell subscribers how long it will maintain their personally identifiable information and forcing arbitration will deprive California consumers of important rights.
• Where: The appeal will go to the Ninth Circuit Court of Appeals.

Comcast allegedly fails to tell consumers how long it will maintain their personally identifiable information and a California federal court’s decision to move a class action lawsuit regarding the claims to arbitration should be reversed, according to the lead plaintiff. 

“The opinion conflicts with circuit precedent and dramatically curtails public injunctive relief under California law in a manner inconsistent with California appellate authority that the California Supreme Court would likely follow,” says the plaintiff’s bid to the Ninth Circuit. 

“The case should be reheard by the panel or by the full court sitting en banc. In the alternative, the questions it presents should be certified to the California Supreme Court under California Rule of Court 8.548,” the brief states.

Lead plaintiff Brandon Hodges cites a recent division in a Rent-A-Center lawsuit, arguing the court established that any proposed injunction that would prohibit “future violations of California’s consumer protection statutes” constitutes public injunctive relief because such an injunction is “oriented to and for the benefit of the general public.”

The majority opinion moving the Comcast case to arbitration irreconcilably conflicts with the court’s precedent in that case by adding new conditions to the definition of “public injunctive relief” and applies too narrow a definition of public injunctive relief.

“The panel majority has invented burdensome and confusing new criteria for public injunctions that are found nowhere in California law and that conflict with the straightforward definition of public injunctive relief articulated by this court,” the motion states. 

Comcast Fails to Disclose How Long It Keeps User Info, Claims Class Action

Hodges filed the class action lawsuit against Comcast, alleging the cable company fails to tell subscribers how long Comcast will maintain their personally identifiable information. 

Comcast’s privacy notice allegedly says such information will be maintained while the customer is an active subscriber and for a period of time after inactivating the subscription “if the information is necessary for the purposes for which it was collected or to satisfy legal requirements.” 

The statement neglects to identify the date at which the personally identifiable information will no longer be maintained or used by the company, pointed out the class action. 

The lawsuit also says these actions by Comcast also constitute violations of the California Invasion of Privacy Act.

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The plaintiff is represented by Karla Gilbride of Public Justice PC.

The Comcast Privacy Class Action Lawsuit is Brian Hodges v. Comcast Cable Communications, LLC, Case No. RG18893764, in the Superior Court of the State of California, County of Alameda

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