United States Sixth Circuit

Dismissal of a putative class action brought under the Protection of Subscriber Privacy portion of the Cable Communications Policy Act is affirmed where the Act's prohibition on the collection of personally identifiable information is not applicable to information collected from the operation of a broadband internet service, even when operated by a cable company, and plaintiff did not allege that the information about internet activity was actually correlated with subscriber lists so as to identify "particular persons."

Appellate Information

• Decided 09/28/2006
• Published 09/28/2006

Judges

• Before DAUGHTREY, MOORE, and McKEAGUE, Circuit Judges.

Court

• United States Sixth Circuit

Counsel

• For Appellees:
  
• ARGUED:  Seth R. Lesser, Locks Law Firm, New York, New York, for Appellant.  Jaime A. Bianchi, White & Case, Miami, Florida, for Appellee.   ON BRIEF:  Seth R. Lesser, Locks Law Firm, New York, New York, Steven E. Goren, Goren, Goren & Harris, Bingham Farms, Michigan, for Appellant.  Jaime A. Bianchi, White & Case, Miami, Florida, Thomas J. Tallerico, J. Adam Behrendt, Bodman, Longley & Dahling, Troy, Michigan, for Appellee.