From Casetext: Smarter Legal Research

Directv, Inc. v. Hauser

United States District Court, N.D. Illinois
Apr 12, 2004
No. 03 C 8396 (N.D. Ill. Apr. 12, 2004)

Opinion

No. 03 C 8396

April 12, 2004


MEMORANDUM OPINION AND ORDER


Whether or not 18 U.S.C. § 2520 provides a private right of action for violations of 18 U.S.C. § 2512 has engaged the attention of many courts, with divided results. We are not at all sure it makes much difference. Those finding such a right generally require the plaintiff to first establish a violation of 18 U.S.C. § 2511. If that is so, adding in § 2512 appears to add nothing more, other than an extra element of proof. Having so noted, however, we do have an obligation to rule on the motion to dismiss count HI, and we do so. We grant the motion to dismiss count III for the reasons advanced by Chief Judge Kocoras in DirecTV v. Delaney, 03 C 3444 (N.D. Ill. 2003).

Motions to dismiss conversion claims have also given rise to divided results, although far fewer courts have engaged in that analysis. Again, we are persuaded by Chief Judge Kocoras' analysis and deny the motion to dismiss count V. And we can confidently predict that the issues will be resolved by the Court of Appeals in the not too distant future as the many DirecTV cases wend their way through the courts.


Summaries of

Directv, Inc. v. Hauser

United States District Court, N.D. Illinois
Apr 12, 2004
No. 03 C 8396 (N.D. Ill. Apr. 12, 2004)
Case details for

Directv, Inc. v. Hauser

Case Details

Full title:DIRECTV, INC., Plaintiff, vs. ROBERT P. HAUSER, Defendant

Court:United States District Court, N.D. Illinois

Date published: Apr 12, 2004

Citations

No. 03 C 8396 (N.D. Ill. Apr. 12, 2004)

Citing Cases

Directv, Inc. v. Wilson

Defendant Wilson argues that § 2512 does not provide for a private cause of action. Courts in this district…

Directv, Inc. v. Bjornson

Privacy Act does not create a private cause of action based on mere possession of an unscrambling device in…