Identity Theft 

Case Update: Court Dismisses Frivolous Union Counter-Suit in Foundation Identity Theft Case

Regular Freedom@Work readers may remember the Foundation's recent identity theft case in North Carolina, where Communication Workers of America union bosses posted nonunion AT&T employees' social security numbers on a public bulletin board. Not only was this an open invitation to fraud and identity theft, it also violated North Carolina's newly-enacted Identity Theft Protection Act. Foundation attorneys have slammed CWA bosses in state court, seeking damages for affected AT&T employees.

The union lawyers' response, however, can only be described as absurd. Instead of working to ensure other workers' confidential information is kept safe, CWA union operatives filed a counter-suit, alleging that the very act of removing workers' social security numbers from the bulletin board and warning other workers that their confidential information had been made readily available at a public location itself violated the Identity Theft Protection Act. Naturally, the court dismissed the union's frivolous claims and will now resolve the Foundation's original lawsuit. The text of the decision is available here (.pdf). You can also watch the Foundation's video on union identity theft in North Carolina:


NC Identity Theft Update - Judge Smacks Down Union Motion to Dismiss

In June, Foundation staff attorneys filed suit against Communications Workers of America (CWA) union officials on behalf of several North Carolina citizens. 16 current and former AT&T employees from Burlington, NC alleged that union operatives intentionally displayed their confidential information - including social security numbers - in a public forum, leaving them vulnerable to identity theft and fraud.

Union lawyers responded by filing a motion for dismissal, but the judge wasn't buying it. Although Judge Albert Diaz dismissed the invasion of privacy complaint filed against the union, he did not dismiss the Foundation's main charges under the North Carolina Identity Theft Protection Act and the the Unfair and Deceptive Trade Practices Act.

Diaz's ruling was the first ever published decision issued under the North Carolina Identity Theft Protection Act. For a more in-depth description of the case, check out this entry from the North Carolina Business Litigation Report. The Foundation's original press release can be found online here. To watch the Foundation's video report on union identity theft in North Carolina, click here.

 

Foundation Action: Foundation Defends Against Union Identity Theft, Conspiracy

This story from the September/October issue of Foundation Action shares the story of Patricia Pelletier, a Connecticut worker who successfully initiated a decertification election to eject an unwanted union from her workplace. In response, union officials started a campaign of intimidation and harassment against Pelletier.  You can hear Patricia talk about her case in this video.

Read the whole story here (pdf) and sign up today for a free print subscription.

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Third Circuit Rejects Union Lawyers' Attempt to Circumvent Privacy Law

Last week, the United States Court of Appeals for the Third Circuit rejected the appeal filed by union lawyers in Pichler v. UNITE (read the opinion here), which should result in union liability to pay a multi-million dollar damage award to employees.

The facts of the case are simple: UNITE operatives launched an organizing campaign against the Cintas Corporation, among others. As part of the campaign, UNITE operatives surveiled employee parking lots and recorded license plate numbers of parked cars (as well as cars entering and leaving). "Information brokers" then searched Department of Motor Vehicle records to obtain names and addresses corresponding to the cars.

Union organizers went to employees' homes to pressure employees to sign union authorization cards intended to corral them into union ranks. By obtaining and using personal information from DMV records, UNITE operatives violated the federal Driver's Privacy Protection Act (text here).

This appellate ruling clears the path for the payment of $2,500 plus possible punitive damages for each violation. If the lower court allows class-wide relief to the nearly 2,000 affected employees, friends, and families who had their DMV records illegally accessed, we're talking tens of millions of dollars.

But court records indicate that another 12,000 or so individuals' personal information was obtained in violation of the DPPA -- and these people are entirely unaware of this invasion of their privacy. That's why Foundation attorneys have asked the courts for the right to do a one-time mailing to these thousands of other victims. That case is currently before the Third Circuit as well (for more information, read our appellate and reply briefs).

If your personal information was obtained illegally, wouldn't you want to know about it?

New Right to Work Video Report: Union Militants Display Nonmembers' Social Security Numbers

Foundation attorneys have filed an unprecedented lawsuit in North Carolina state court on behalf of 16 AT&T employees against local union bosses who illegally released their confidential personal information (including their social security numbers) as retaliation for exercising their right to refrain from union membership. Two of the workers explain their battle in the latest Right to Work video report...


For more background information on the case, the Foundation's press release is available online here. The Burlington Times-News' coverage of the lawsuit is available online here.

Be sure to subscribe to the Foundation's YouTube Channel for more Right to Work video reports.

New Right to Work Video Report: Union Intimidation Meets Identity Theft

We've just released a mini video segment on the Foundation's ongoing efforts to hold union officials liable for a campaign of intimidation and harassment against Patricia Pelletier, a Connecticut worker who successfully initiated a decertification election to eject an unwanted union from her workplace. Union hotheads even planted crack cocaine in her work area to try to get her fired. Check it out:


 

For more background on the case, the Foundation's press release is available online here. The Hartford Courant's coverage of the Foundation's pending lawsuit is available here.

As always, check back at the Foundation's YouTube Channel for more Right to Work video updates.


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