Gubala v. Time Warner Cable, Inc.

Federal 7th Circuit Court
Civil Court
Standing
Citation
Case Number: 
No. 16-2613
Decision Date: 
January 20, 2017
Federal District: 
E. D. Wisc.
Holding: 
Affirmed

Dist. Ct. did not err in dismissing for lack of standing plaintiff’s lawsuit, alleging that defendant-cable company violated Cable Communications Policy Act by retaining plaintiff-former customer’s personal information eight years after plaintiff had canceled his cable subscription. While plaintiff alleged sufficient facts to establish violation of said Act, plaintiff lacked standing to pursue instant action seeking injunctive relief, where plaintiff failed to allege any plausible risk of harm to himself arising out of said violation, and where plaintiff failed to allege any injury arising out of any retention of his personal information, as complaint failed to contain any allegation that defendant actually leaked his personal information or that plaintiff incurred any financial loss arising out of said retention in period following cancelation of his cable subscription. Moreover, plaintiff could not establish any irreparable harm that would be necessary to obtain any injunctive relief.