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FLORIDA LAW FIRM AND TV STATION SUED FOR VIOLATION OF THE FEDERAL STORED COMMUNICATIONS ACT A Florida Law Firm was sued by your website title-holder under the Stored Communications Act (SCA), 18 U.S.C.S. § 2701 et seq. within the United States District Court in the Middle District of Florida. The lower court dismissed the objection regarding a co-defendant from state firm for lack of personal jurisdiction and dismissed the entire action for failure to state a claim. The website owner appealed. To gain access to the web site owner's web site, one needed to register, create a password, and comply with additional terms that affirmed the non-association with the tv company. The web site owner alleged that employees with the Florida Law Firm and the other defendants accessed his website's electronic bulletin board without authorization. The Washington firm occasionally represented the tv company in Florida courts alongside local counsel. The appellate court determined that the Washington firm was properly dismissed for insufficient jurisdiction under Fla. Stat. § 48.193 (2006), the Florida long-arm statute, because (1) there is no allegation of workplace relationship where the Washington firm was the principal plus the Florida Law Firm was its agent, (2) the website owner did not allege that he sustained any personal injury or damage to his physical property, and (3) there have been no "continuous and systematic" contacts sufficient to subject the Washington firm to general jurisdiction in Florida. The website owner's SCA claims failed since the complaint didn't allege that the website was configured not to be readily accessible by the overall public. See Snow v. DirecTV, Inc., 450 F.3d 1314 (11th Cir. Fla. 2006).
Article Source: http://www.gambling-articles.org
By: Vincent Lynch, Managing Partner of Lynch & Robbins, P.A. Florida Law Firm
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