Suit Claiming Cable Communications Policy Act Violations Falls Short, TWC Says
Time Warner Cable customer Derek Gubala's complaint that the cable company illegally keeps former customers' personal information such as Social Security and credit card numbers fails to plead facts that are necessary to state a claim, TWC said in a…
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reply brief filed Wednesday in U.S. District Court in Milwaukee in support of its motion to dismiss his complaint. "Although [Gubala] knew his claim was subject to a binding arbitration clause, he filed this case in federal court seeking money damages," TWC said. "Despite amending his complaint twice, [he] still fails to plead the essential elements for injunctive relief." Gubala sued in 2015, claiming TWC was violating the Cable Communications Policy Act, which requires destruction of that personal data, and seeking class-action status. Gubala's counsel didn't comment Thursday.