Scarinci Hollenbeck, LLC, LLCScarinci Hollenbeck, LLC, LLC

Firm Insights

RadioShack's Trustee Fights For Customer Privacy

Author: Joel R. Glucksman

Date: May 19, 2015

Key Contacts

Back

In the midst RadioShack’s bankruptcy, previous consumers can feel safe that customer privacy is being held in high regard by the federal bankruptcy court.

The trustee assigned to RadioShack’s bankruptcy recently implored a federal court to protect customer privacy by ensuring that the electronics retailer cannot sell its customer data amid its plans to wind down and keep certain stores operational.

Andrew Vara, the acting trustee, is certainly not alone in his objections, as the Attorneys General of several states have questioned whether RadioShack even has the right to sell the aforementioned information without violating its own privacy policies.

Texas Attorney General Ken Paxton has repeatedly spoken out against the electronics retailer selling this data, originally filing an objection to this sale in March, according to Law360. When filing this objection, he argued that allowing the company to sell this wealth of information – which includes data on close to 40 percent of the U.S. population – would violate the consumer protection laws of several states and breach RadioShack’s privacy policies.

On April 16, Paxton once again implored the federal judge handling the case to deny the company’s request to sell its consumer data, reiterating that Texas – along with 35 other states – has warned that allowing such a transaction would breach costumer privacy rights, Law360 reported. In addition, he stated that the electronics retailer has failed to shed light on exactly which personal information would be included in the sale.

Lack of Clarity

Because RadioShack has not specified key matters, including the number of consumers whose data would be involved in the sale, Vara said that court-appointed privacy ombudsman Elise Frejka has been unable to perform her duties, and the federal court has not been able to consider alternatives that help reduce consumer privacy losses if the sale does indeed finalize, according to Law360.

While any such transaction could involve selling the information of as many as 117 million customers, RadioShack previously estimated only 67 million of these files have any value, the media outlet reported. Paxton has sought additional clarity, requesting April 16 that the court order RadioShack to specify the exact information it wants to sell, how many customers such a move would affect and whether the data came from in-store or online purchases.

In addition, Paxton’s office has argued that RadioShack should not be allowed to link its consumer data to other assets it wants to sell, stating that doing so would make the value of the information ambiguous, according to the news source.

No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.

Scarinci Hollenbeck, LLC, LLC

Related Posts

See all
Understanding the Importance of a Non-Contingent Offer post image

Understanding the Importance of a Non-Contingent Offer

Making a non-contingent offer can dramatically increase your chances of securing a real estate transaction, particularly in competitive markets like New York City. However, buyers should understand that waiving contingencies, including those related to financing, or appraisals, also comes with significant risks. Determining your best strategy requires careful analysis of the property, the market, and […]

Author: Jesse M. Dimitro

Link to post with title - "Understanding the Importance of a Non-Contingent Offer"
Fred D. Zemel Appointed Chair of Strategic Planning at Scarinci & Hollenbeck, LLC post image

Fred D. Zemel Appointed Chair of Strategic Planning at Scarinci & Hollenbeck, LLC

Business Transactional Attorney Zemel to Spearhead Strategic Initiatives for Continued Growth and Innovation Little Falls, NJ – February 21, 2025 – Scarinci & Hollenbeck, LLC is pleased to announce that Partner Fred D. Zemel has been named Chair of the firm’s Strategic Planning Committee. In this role, Mr. Zemel will lead the committee in identifying, […]

Author: Scarinci Hollenbeck, LLC

Link to post with title - "Fred D. Zemel Appointed Chair of Strategic Planning at Scarinci & Hollenbeck, LLC"
Novation Agreement Process: Step-by-Step Guide for Businesses post image

Novation Agreement Process: Step-by-Step Guide for Businesses

Big changes sometimes occur during the life cycle of a contract. Cancelling a contract outright can be bad for your reputation and your bottom line. Businesses need to know how to best address a change in circumstances, while also protecting their legal rights. One option is to transfer the “benefits and the burdens” of a […]

Author: Dan Brecher

Link to post with title - "Novation Agreement Process: Step-by-Step Guide for Businesses"
What Is a Trade Secret? Key Elements and Legal Protections Explained post image

What Is a Trade Secret? Key Elements and Legal Protections Explained

What is a trade secret and why you you protect them? Technology has made trade secret theft even easier and more prevalent. In fact, businesses lose billions of dollars every year due to trade secret theft committed by employees, competitors, and even foreign governments. But what is a trade secret? And how do you protect […]

Author: Ronald S. Bienstock

Link to post with title - "What Is a Trade Secret? Key Elements and Legal Protections Explained"
What Is Title Insurance? Safeguarding Against Title Defects post image

What Is Title Insurance? Safeguarding Against Title Defects

If you are considering the purchase of a property, you may wonder — what is title insurance, do I need it, and why do I need it? Even seasoned property owners may question if the added expense and extra paperwork is really necessary, especially considering that people and entities insured by title insurance make fewer […]

Author: Patrick T. Conlon

Link to post with title - "What Is Title Insurance? Safeguarding Against Title Defects"
Commercial Zoning: What Every Business Owner Needs to Know post image

Commercial Zoning: What Every Business Owner Needs to Know

If you operate a business, you need to understand how commercial zoning rules may impact you. For instance, zoning regulations can determine how you can develop a property and what type of activities your business can conduct. To ensure that you aren’t taken by surprise, it is always a good idea to consult with experienced […]

Author: Jesse M. Dimitro

Link to post with title - "Commercial Zoning: What Every Business Owner Needs to Know"

No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.

Sign up to get the latest from our attorneys!

Explore What Matters Most to You.

Consider subscribing to our Firm Insights mailing list by clicking the button below so you can keep up to date with the firm`s latest articles covering various legal topics.

Stay informed and inspired with the latest updates, insights, and events from Scarinci Hollenbeck. Our resource library provides valuable content across a range of categories to keep you connected and ahead of the curve.

RadioShack's Trustee Fights For Customer Privacy

Author: Joel R. Glucksman

In the midst RadioShack’s bankruptcy, previous consumers can feel safe that customer privacy is being held in high regard by the federal bankruptcy court.

The trustee assigned to RadioShack’s bankruptcy recently implored a federal court to protect customer privacy by ensuring that the electronics retailer cannot sell its customer data amid its plans to wind down and keep certain stores operational.

Andrew Vara, the acting trustee, is certainly not alone in his objections, as the Attorneys General of several states have questioned whether RadioShack even has the right to sell the aforementioned information without violating its own privacy policies.

Texas Attorney General Ken Paxton has repeatedly spoken out against the electronics retailer selling this data, originally filing an objection to this sale in March, according to Law360. When filing this objection, he argued that allowing the company to sell this wealth of information – which includes data on close to 40 percent of the U.S. population – would violate the consumer protection laws of several states and breach RadioShack’s privacy policies.

On April 16, Paxton once again implored the federal judge handling the case to deny the company’s request to sell its consumer data, reiterating that Texas – along with 35 other states – has warned that allowing such a transaction would breach costumer privacy rights, Law360 reported. In addition, he stated that the electronics retailer has failed to shed light on exactly which personal information would be included in the sale.

Lack of Clarity

Because RadioShack has not specified key matters, including the number of consumers whose data would be involved in the sale, Vara said that court-appointed privacy ombudsman Elise Frejka has been unable to perform her duties, and the federal court has not been able to consider alternatives that help reduce consumer privacy losses if the sale does indeed finalize, according to Law360.

While any such transaction could involve selling the information of as many as 117 million customers, RadioShack previously estimated only 67 million of these files have any value, the media outlet reported. Paxton has sought additional clarity, requesting April 16 that the court order RadioShack to specify the exact information it wants to sell, how many customers such a move would affect and whether the data came from in-store or online purchases.

In addition, Paxton’s office has argued that RadioShack should not be allowed to link its consumer data to other assets it wants to sell, stating that doing so would make the value of the information ambiguous, according to the news source.

Let`s get in touch!

* The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

Sign up to get the latest from the Scarinci Hollenbeck, LLC attorneys!

Please select a category(s) below: