Scarinci Hollenbeck, LLC, LLCScarinci Hollenbeck, LLC, LLC

Firm Insights

RadioShack submits to mediation involving customer data

Author: Joel R. Glucksman

Date: May 21, 2015

Key Contacts

Back

RadioShack submits to mediation involving customer data

RadioShack recently agreed to mediation with state attorneys general who have expressed privacy concerns about the sale of the Fort Worth, Texas-based electronics retailer’s customer data. The company consented to this process after the attorneys general of several states raised questions about whether RadioShack in fact has the right to sell this information without breaching its own privacy policies.

Mediation Scheduled For May 14

Amid these concerns, Greg Gordon, attorney for RadioShack, told U.S. Bankruptcy Judge Brendan Shannon April 28 that the company has agreed to mediation, which was scheduled to begin May 14, according to The Associated Press.

This date falls after an auction of intellectual property assets – which includes the names and addresses of millions of RadioShack’s customers – scheduled for May 11, The Associated Press reported.

However, the attorneys general of Texas, Pennsylvania, Oregon and Tennessee have formally protested this sale, asserting that the details the electronics retailer is providing are not only inadequate, but could also misguide buyers and other interested parties, according to the news source.

Disputes Surrounding Data Eligible For Sale

In addition, exactly what type of customer data RadioShack will be able to sell remains uncertain. Previously, the company said it was looking to sell the personally identifiable information of 117 million customers, the media outlet reported.

However, RadioShack now wants to sell the complete name and address files of 65 million customers, along with what it refers to as “transaction data,” as well as email addresses of another 8.5 million customers, according to the AP.

This transaction data could contain as many as 200 fields, detailing who bought what, where the transaction was made and how much the customer paid, a consultant hired to facilitate the IP sale testified April 28, the media outlet reported.

Request For Disclosure

PrivacyBecause of the wealth of information involved, Hal Morris, a lawyer working for the Texas attorney general’s office, asserted that the court should require RadioShack to provide more detail on exactly what is contained within the transaction data, according to the news source.

He is certainly not alone in bringing up this point. Andrew Vara, acting U.S. Trustee for the RadioShack case, contended earlier this month that because the electronics retailer has provided a “lack of specificity and clarity” surrounding the sale, court-appointed privacy ombudsman Elise Frejka’s ability to perform her duties has suffered, Law360 reported.

In addition, Vara asserted that because RadioShack has not shed enough light on the customer data it wants to sell, the court is unable to consider alternatives that could reduce the harm done to consumer privacy if the sale does indeed take place, according to the news source.

Judge Shannon Weighs In

Amid these concerns, Judge Shannon agreed with Morris’ argument, but did not obligate RadioShack to disclose every one of the 200 fields existing in the consumer database, the AP reported. However, he did provide some guidance on the information the electronics retailer should include.

“I do believe that additional disclosure is necessary with respect to the phrase ‘transaction data,'” said Judge Shannon, according to the news source. In addition, he recommended RadioShack provide a handful of sentences in the summary description that would contain “the sorts of things that I think the typical person might find interesting.”

Even though RadioShack’s attempts to sell customer data have gained some clarity as a result of Judge Shannon agreeing that the company should disclose more detail, these efforts are still facing some resistance, as attorneys representing both AT&T and Verizon Wireless asserted that the electronics retailer is barred from selling the information of customers who bought wireless plans and cell phones at RadioShack stores.

No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.

Scarinci Hollenbeck, LLC, LLC

Related Posts

See all
IP Infringement: What Steps Can You Take If You're Affected? post image

IP Infringement: What Steps Can You Take If You're Affected?

IP infringement occurs when someone uses your intellectual property without your permission or beyond the scope of the permission you granted. Common examples of IP infringement include copying a product’s patented features or using a trademarked logo in a way that is likely to confuse consumers about the source or affiliation of goods or services. […]

Author: Michael Mietlicki

Link to post with title - "IP Infringement: What Steps Can You Take If You're Affected?"
Public Allegations, Unfinished Investigation: What New Jersey Businesses Should Do Next post image

Public Allegations, Unfinished Investigation: What New Jersey Businesses Should Do Next

When facing public allegations of wrongdoing, companies should not let the speed of the public conversation dictate the speed of an investigation. An investigation designed to confirm a preferred narrative rather than establish the facts can create serious problems later, particularly if litigation, regulatory scrutiny, or employment claims follow. Key Takeaways When public allegations surface […]

Author: Sean M. Pena

Link to post with title - "Public Allegations, Unfinished Investigation: What New Jersey Businesses Should Do Next"
BESS Interconnection: Managing Grid, Cost, and Schedule Risk post image

BESS Interconnection: Managing Grid, Cost, and Schedule Risk

For battery energy storage system (BESS) developers, securing equipment and site control is only part of the development equation. A project must also connect to the electric grid, and increasingly, BESS interconnection is one of the biggest sources of schedule, cost, and contractual risk. Key Takeaways This article is Part 3 of our Battery Storage […]

Author: Nicholas Wall

Link to post with title - "BESS Interconnection: Managing Grid, Cost, and Schedule Risk"
Navigating Director and Officer Liability in Times of Financial Distress post image

Navigating Director and Officer Liability in Times of Financial Distress

Director and officer liability increases sharply when a company is in financial distress. Decisions that would draw little attention in a healthy business can later be challenged by creditors, shareholders, bankruptcy trustees, and regulators as breaches of fiduciary duty, fraudulent transfers, or oversight failures. Understanding where that exposure comes from, and how to manage it, […]

Author: Michael Mietlicki

Link to post with title - "Navigating Director and Officer Liability in Times of Financial Distress"
Before You Buy: Managing Real Estate and Permitting Risk for BESS Projects in New York and New Jersey post image

Before You Buy: Managing Real Estate and Permitting Risk for BESS Projects in New York and New Jersey

For developers pursuing battery energy storage system (BESS) projects, finding the right property is only the beginning. BESS site selection is as much a legal and transactional exercise as a real estate decision, with risk analysis central to the project’s ultimate success. Key Takeaways The core questions for BESS site selection in New York and […]

Author: Nicholas Wall

Link to post with title - "Before You Buy: Managing Real Estate and Permitting Risk for BESS Projects in New York and New Jersey"
What Business Owners Get Wrong Before Meeting a Litigation Attorney post image

What Business Owners Get Wrong Before Meeting a Litigation Attorney

What should you expect when meeting a litigation attorney about a business dispute? You should expect to describe the dispute in your own words, hand over the most important documents, flag any deadlines or immediate threats, and leave with a clearer picture of the problem, what information is still needed, and the likely next steps. […]

Author: Michael Mietlicki

Link to post with title - "What Business Owners Get Wrong Before Meeting a Litigation Attorney"

No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.

Sign up to get the latest from our attorneys!

Explore What Matters Most to You.

Consider subscribing to our Firm Insights mailing list by clicking the button below so you can keep up to date with the firm`s latest articles covering various legal topics.

Stay informed and inspired with the latest updates, insights, and events from Scarinci Hollenbeck. Our resource library provides valuable content across a range of categories to keep you connected and ahead of the curve.

Let`s get in touch!

* The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form. By providing a telephone number and submitting this form you are consenting to be contacted by SMS text message. Message & data rates may apply. Message frequency may vary. You can reply STOP to opt-out of further messaging.
“If you would like to submit a file, please email it directly to info@sh-law.com.

Sign up to get the latest from the Scarinci Hollenbeck, LLC attorneys!