EPIC has filed an amicus brief urging a federal appeals court to preserve consumers' right to sue cable providers that illegally retain their data. A former Time Warner Cable subscriber brought a privacy lawsuit alleging that Time Warner held onto his personal information long after he had canceled the service, a clear violation of a provision in a federal privacy law. But a lower court wrongly dismissed the suit, concluding that there had been no "injury." In the amicus brief, EPIC said that the lower court confused "injury" with "harm." When a company violates a federal law, EPIC explained, that is a "legal injury" and the reason that the court must hear the case. EPIC filed an amicus brief in a similar case in July and regularly files briefs defending consumer privacy.
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