A federal district court held that: (1) airline was "simply not an electronic communications service provider, and therefore cannot violate § 2702" of the Electronic Communications Privacy Act (ECPA); (2) ECPA § 2701 did not apply, as alleged, since the section applies to improper access to an electronic communications service, whereas airline improperly disclosed information; (3) Northwest did not violate the Fair Credit Reporting Act because airline was not a "consumer reporting agency" subject to the act's provisions; (4) plaintiffs' claims under Minnesota Deceptive Trade Practices Act were preempted by federal Airline Deregulation Act. Without notifying its customers, Northwest provided names, addresses, credit card numbers, and itineraries of numerous passengers to a third party (the National Aeronautical and Space Administration). Consumers filed multiple class actions in Minnesota. In consolidated class action, District of Minnesota granted Northwest's motion to dismiss. (See also Dyer v. Northwest Airlines Corporation.)
Keywords: consumer affairs, privacy, websites