Comcast, Time Warner Cable Face Privacy Class Action Lawsuits

Comcast and Time Warner have been hit with nearly identical class action lawsuits alleging the companies collect Social Security numbers, credit card information and other personal information and retain the data even after cable service is canceled.

The Plaintiffs in the two class action lawsuits, filed last week in California federal court, allege this practice violates the Cable Communications Policy Act (CCPA), which allows an individual to collect $100 a day for each day of violation.

According to the Comcast CCPA class action lawsuit, “consumers are unaware that their personally identifiable information is retained indefinitely by Comcast, as Comcast fails to send annual privacy notices informing consumers that Comcast continues to retain their information.”

The Plaintiffs say the CCPA requires cable companies to destroy personally identifiable information when it is no longer required for the purpose for which it was collected.

Sound familiar? That’s because Netflix just settled a class action lawsuit over allegations it violated the Video Privacy Protection Act (VPPA), which – like the CCPA – requires video rental companies to destroy certain data within one year “from the date that the information is no longer necessary for the purpose for which it was collected.”

The Cable Communications Policy Act of 1984 includes “strong protections for subscriber privacy by restricting the collection, maintenance and dissemination of subscriber data,” and cable companies are barred from using the cable system to collect personally identifiable information unless the data is necessary to provide service or detect unauthorized reception, according to the Center for Democracy & Technology.

The Plaintiffs in the Comcast and Time Warner CCPA class action lawsuits also allege the companies have privacy disclosure duties under the law. The Plaintiffs cite “troubling” issues that could arise from the practice, including the risk of identity theft and conversion of personal financial accounts.

The Time Warner CCPA class action lawsuit and Comcast CCPA class action lawsuit also assert violation of the California Customer Records Act and breach of implied contract. The lawsuits are asking the Court to enjoin the cable companies from continuing the alleged unlawful practices, as well as for liquidated damages.