Comments on: Why the Telcos Could Be On the Hook For Billions http://www.feministe.us/blog/archives/2006/05/11/why-the-telcos-could-be-on-the-hook-for-billions/ In defense of the sanctimonious women's studies set. Fri, 10 Feb 2012 14:11:18 +0000 hourly 1 By: zuzu http://www.feministe.us/blog/archives/2006/05/11/why-the-telcos-could-be-on-the-hook-for-billions/#comment-45542 zuzu Mon, 15 May 2006 15:36:16 +0000 http://www.feministe.us/blog/archives/2006/05/11/why-the-telcos-could-be-on-the-hook-for-billions/#comment-45542 Looks like the statute gives you a private right of action, and info like that tends to come out in discovery: <blockquote>2. The penalty for violating the Stored Communications Act is $1000 per individual violation. Section 2707 of the Stored Communications Act gives a private right of action to any telephone customer “aggrieved by any violation.” If the phone company acted with a “knowing or intentional state of mind,” then the customer wins actual harm, attorney’s fees, and “in no case shall a person entitled to recover receive less than the sum of $1,000.”</blockquote> I don't think FIFA would get you anywhere, since the telcos aren't government entitites. Also, I'm not sure if "individual violation" refers to a per-customer or per-incident right of action. IOW, I can't tell just from this if your recovery is limited to $1000 for all violations, or if you can get the $1000 for each time the telco recorded your calls. Looks like the statute gives you a private right of action, and info like that tends to come out in discovery:

2. The penalty for violating the Stored Communications Act is $1000 per individual violation. Section 2707 of the Stored Communications Act gives a private right of action to any telephone customer “aggrieved by any violation.” If the phone company acted with a “knowing or intentional state of mind,” then the customer wins actual harm, attorney’s fees, and “in no case shall a person entitled to recover receive less than the sum of $1,000.”

I don’t think FIFA would get you anywhere, since the telcos aren’t government entitites. Also, I’m not sure if “individual violation” refers to a per-customer or per-incident right of action. IOW, I can’t tell just from this if your recovery is limited to $1000 for all violations, or if you can get the $1000 for each time the telco recorded your calls.

]]> By: Magis http://www.feministe.us/blog/archives/2006/05/11/why-the-telcos-could-be-on-the-hook-for-billions/#comment-45541 Magis Mon, 15 May 2006 15:26:32 +0000 http://www.feministe.us/blog/archives/2006/05/11/why-the-telcos-could-be-on-the-hook-for-billions/#comment-45541 Do I have a right to demand of my service provided to whom they have given my information? Do I have a right to demand of my service provided to whom they have given my information?

]]> By: zuzu http://www.feministe.us/blog/archives/2006/05/11/why-the-telcos-could-be-on-the-hook-for-billions/#comment-45538 zuzu Mon, 15 May 2006 15:02:53 +0000 http://www.feministe.us/blog/archives/2006/05/11/why-the-telcos-could-be-on-the-hook-for-billions/#comment-45538 From what I understand, Qwest ignored the requests because their lawyers concluded that they were illegal. From what I understand, Qwest ignored the requests because their lawyers concluded that they were illegal.

]]> By: Magis http://www.feministe.us/blog/archives/2006/05/11/why-the-telcos-could-be-on-the-hook-for-billions/#comment-45536 Magis Mon, 15 May 2006 14:47:11 +0000 http://www.feministe.us/blog/archives/2006/05/11/why-the-telcos-could-be-on-the-hook-for-billions/#comment-45536 I almost missed this one. Good work zuzu! How would this fit in with Freedom of Information? Would they simply ignore the requests because of National Security. I almost missed this one. Good work zuzu!
How would this fit in with Freedom of Information?
Would they simply ignore the requests because of National Security.

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