Guy Comcast Got Fired Now Suing Comcast For Violating Federal Privacy Law

from the karma's-a-bitch dept

In the most recent example we covered of Comcast’s ongoing efforts to convince everyone not to be Comcast customers, we noted that the fact they helped get a customer fired from his accounting job was the kind of thing he could probably sue over. That said, even I didn’t anticipate the guy accusing Comcast of violating federal law.

The plaintiff, Conal O’Rourke, claims that after a series of calls with Comcast’s customer service department, Comcast complained to his employer about him and he was fired from his job. The lawsuit filed yesterday is based on the same alleged series of events. Mr. O’Rourke claims that he did not authorize Comcast to disclose his information to anyone else, but Comcast nevertheless disclosed personally identifying information about Mr. O’Rourke, including his name, to PricewaterhouseCoopers, where Mr. O’Rourke worked. The following can be attributed to Laura Moy, staff attorney at Public Knowledge:

“If the facts in this complaint are true, they are extremely troubling. They would show that the nation’s largest cable provider exercised a complete disregard for federal privacy law.”

Now, it should be noted that O’Rourke is accusing Comcast of having divulged identifying information to his employer, such as the fact that he was employed by PricewaterhouseCoopers, not his personal viewing or web-browsing habits with his employer, but that doesn’t really matter. The fact is that ISPs and cable companies are privy to all kinds of personal information pertaining to their customers, and the confidentiality of such personal information is governed by the Communications Act. The sharing of even seemingly harmless identifying personal information represents a pretty massive screw up on Comcast’s part. A cable company willing to bend or break the law and reveal innocuous information perhaps shouldn’t be trusted to act better with more personal information. The fact that all of this is made more problematic because of a complete lack of competitive choices for consumers wasn’t lost on the lawyers either.

“For many Americans, there are few broadband and pay TV choices in their areas. As regulators consider the proposed merger between Comcast and Time Warner Cable, we hope they will follow this case closely. The facts alleged in this complaint, if they are true, along with the admitted customer services failing that led to this dispute, suggest that Comcast habitually puts its interests above all else even to the point of disregarding the law.”

Remember, Comcast cares. The insane part of all this is that Conal O’Rourke has been screaming at the top of his lungs for Comcast and/or his former employer to release both the emails that got him fired and the recordings of all his phone conversations with Comcast, so that he can clear his name and get a new job at another accounting firm. To date, his employer and Comcast, the company that cares, have declined to do so.

Filed Under: , ,
Companies: comcast

Rate this comment as insightful
Rate this comment as funny
You have rated this comment as insightful
You have rated this comment as funny
Flag this comment as abusive/trolling/spam
You have flagged this comment
The first word has already been claimed
The last word has already been claimed
Insightful Lightbulb icon Funny Laughing icon Abusive/trolling/spam Flag icon Insightful badge Lightbulb icon Funny badge Laughing icon Comments icon

Comments on “Guy Comcast Got Fired Now Suing Comcast For Violating Federal Privacy Law”

Subscribe: RSS Leave a comment
25 Comments
Mason Wheeler (profile) says:

The simple fact that we’re asking questions like “should Comcast be allowed to merge with TWC or not?” rather than reasonable questions like “should Comcast be broken up as an illegal, anticompetitive monopoly or not?” or “should Comcast execs be prosecuted for the crimes that the company has committed or not?” shows just how insane the current political climate is.

David says:

Anyone else think the PCAOB should get involved?

After all, Comcast does admit that there were several problems with this guys service and billing. And once they were mentioned, they did appear to take him more seriously.

If you have a problem with Comcast billing, maybe you should factually and calmly document your issue and forward it to them.

Also, as should be obvious, you should record every phone call you make with Comcast. It should be legal, since both parties know they are being recorded. I don’t think it matters if both parties know who all is recording them! Conal’s complaint is that they won’t release it to him. However, if he had his own copy, well… he could probably make a nice chunk of change based on the number of YouTube views that would have.

PB says:

Re: Anyone else think the PCAOB should get involved?

Comcast’s DVR service has recently started abruptly truncating recordings or skipping the whole recording process. Their technical support team says that it “affects a limited number of subscribers” and it will be fixed via a firmware update in November (at the earliest). When I requested that a note be placed in my account information that I be given a partial refund for the lack of service, the Comcast employee became VERY rude. I informed him that I would be recording the remainder of the conversation. I then stated for the record that the recording had started and asked for him to verbally acknowledge. it was amazing to listen to him try to squirm out of everything he had previously said. He even refused to identify himself or confirm the identity he had previously given me.

Anonymous Coward says:

Re: Plaintiff contradicts himself

When Comcast contacted his employer, they (Comcast) provided the employer with private information about O’Rourke — starting with, “he’s a Comcast subscriber” and then proceeding into the substance and content of the communications between O’Rourke and Comcast.

None of that is public information. It should all be confidential and kept strictly between O’Rourke and Comcast until/unless O’Rourke chooses to release to any of {his employer, some other third party, the world}.

sorrykb (profile) says:

The insane part of all this is that Conal O’Rourke has been screaming at the top of his lungs for Comcast and/or his former employer to release both the emails that got him fired and the recordings of all his phone conversations with Comcast, so that he can clear his name and get a new job at another accounting firm. To date, his employer and Comcast, the company that cares, have declined to do so.

With O’Rourke threatening (or hinting at) litigation, I’d guess that Comcast and PWC were hesitant to release anything for fear that O’Rourke would then claim that they were violating his privacy. (Yes, I could see this happening even if was saying, “Release everything.”) Now that he’s actually filed a lawsuit against Comcast, it’s probably a smart choice at this point for Comcast and PWC to release nothing (unless/until mandated to do so), make no further comment, and wait for the lawyers to sort it out.

Anonymous Coward says:

Re: Re:

With O’Rourke threatening (or hinting at) litigation, I’d guess that Comcast and PWC were hesitant to release anything for fear that O’Rourke would then claim that they were violating his privacy.

How is it a violation of his privacy if they gave it directly to him? (This is, after all, what he was asking.)

Jack says:

Re: Re:

Sorrykb – PWC is in violation of California Labor Code 1198.5 by NOT providing O’Rourke with a copy of the e-mail and all of their files from their investigation of him. Under the law above, all present and past employees have the right to obtain their personnel files including any documents relating to grievances or their termination. So no, there are NO privacy implications when it comes to PWC releasing that information – they are required by law to do so. The reason they aren’t doing it is because Comcast most likely did exactly what they accused O’Rourke of doing – use their position as a large client and former partner at PWC to have O’Rourke removed.

Anonymous Coward says:

I don’t think that Mr. O’Rourke is upset that Comcast told PwC that he was an employee of PwC, pretty sure they knew that. I would imagine that Comcast told PwC that they were a big client, and Mr. O’Rourke is being a jerk.

Also, Mr. O’Rourke doesn’t want the personal information (emails, recordings) released to everyone, just himself. Your really can’t sue companies when they give you what you ask for.

Anonymous Coward says:

Re: Re:

And therein lies the real problem: the U.S.Government has absolutely NO respect for individual rights or the Constitution. Corporations are simply taking the stand that if the Gummint is doing it, why shouldn’t we? Same goes for the local police forces and the DOJ. “Hey! If they can do it, so can we!” Those arguments, I thought, ended with grade school recess. At least, that’s what I was taught.

Add Your Comment

Your email address will not be published. Required fields are marked *

Have a Techdirt Account? Sign in now. Want one? Register here

Comment Options:

Make this the or (get credits or sign in to see balance) what's this?

What's this?

Techdirt community members with Techdirt Credits can spotlight a comment as either the "First Word" or "Last Word" on a particular comment thread. Credits can be purchased at the Techdirt Insider Shop »

Follow Techdirt

Techdirt Daily Newsletter

Ctrl-Alt-Speech

A weekly news podcast from
Mike Masnick & Ben Whitelaw

Subscribe now to Ctrl-Alt-Speech »
Techdirt Deals
Techdirt Insider Discord
The latest chatter on the Techdirt Insider Discord channel...
Loading...