Reply #12: Appellate Decision Rejects Privacy Claims: AT&T v. Conboy

[L. Coyote]

Appellate Decision Rejects Privacy Claims: AT&T v. Conboy
April 2001 http://www.sidley.com/cyberlaw/features/conboy.asp

The Second Circuit recently held in AT&T v. Conboy* that transfers of personal information collected by a company do not necessarily cause injury or give rise to cognizable damages. Peter Keisler of Sidley & Austin argued the case on behalf of AT&T. The decision was announced on February 26, 2001.

AT&T prevailed over plaintiffs who claimed AT&T had improperly distributed their customer proprietary network information (“CPNI”) to AT&T’s former credit card branch, Universal Card Service (“UCS”), in order to assist in credit-card debt collection. The Conboys accused AT&T of obtaining the information through its role as their long-distance service provider. The information allegedly disclosed consisted of their names, unlisted telephone number, billing address, and details of their long-distance calls.

According to the allegations of the complaint, the plaintiffs – Edward and Ellen Conboy – were the in-laws of Maria Conboy, who owed money charged to a credit card issued by UCS. Though the Conboys were not obligated to pay Maria’s debts, the Conboys claimed that UCS contacted them at their unlisted home telephone number numerous times to seek information about Maria’s activities and whereabouts in order to pursue what Maria owed UCS.

In their complaint, the Conboys alleged violations of a number of privacy and consumer protection laws, .......