Archive: July 25, 2013

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Stored Communications Act Does Not Apply to Unauthorized Access to Previously Opened Emails

Stored Communications Act Does Not Apply to Unauthorized Access to Previously Opened Emails

Lazette v. Kulmatycki, —F. Supp. 2d—, 2013 WL 2455937 (N.D. Ohio June 5, 2013)

When Plaintiff’s employment ended and she returned her company-issued Blackberry, she believed that she had deleted her personal email account.  She was mistaken.  Thereafter, her former supervisor, without her knowledge or authorization, proceeded to access and read her personal emails—48,000 of them—during the ensuing eighteen months. Plaintiff also believed that he shared the contents of those emails with others.  Plaintiff sued her former supervisor and her former employer for violation of the Stored Communications Act (“SCA”), among other things.  Defendants sought dismissal of Plaintiff’s SCA claims.  The court held that Plaintiff could not prevail on claims based on access to emails she had previously opened but not deleted, but declined to dismiss claims based on those emails that were accessed by the former supervisor before being opened by the plaintiff.

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