Gubala v. Time Warner Cable, Inc., No. 16-2613 (7th Cir. 2017)Annotate this Case
Gubala subscribed to Time Warner’s cable services in 2004 and, as required, provided Time Warner with his date of birth, address, telephone numbers, social security number, and credit card information. In 2006, he cancelled his subscription. In 2014, upon inquiring, Gubala learned that all of his personal information remained in the company’s possession; none had been destroyed. Gubala filed a class-action suit for alleged violations of the Cable Communications Policy Act, 47 U.S.C. 551(e), which provides that a cable operator “shall destroy personally identifiable information if the information is no longer necessary for the purpose for which it was collected and there are no pending requests or orders for access to such information [either by a cable subscriber, seeking access to his own information] … or pursuant to a court order.” The district judge dismissed the suit for lack of standing, stating that even if Gubala had standing, he failed to state a claim. He could not obtain an injunction, the only remedy he sought, because he had an adequate remedy at law (damages), but did not seek damages. The Seventh Circuit affirmed, stating that the lack of any concrete injury inflicted or likely to be inflicted on Gubala precluded the relief sought.