Dyer v. Northwest Airlines Corp.
334 F.Supp.2d 1196
In the United States District Court for the District of North Dakota
Case Number A1-04-33
Before Chief Judge Hovland
Decided on September 08, 2004

Relevancy of the Case: Claim under the Electronic Communications Privacy Act against an airline for sharing passenger details with NASA

Statutes and Provisions Involved

• The Electronic Communications Privacy Act, 18 USC § 2702 (“ECPA”)
• The Federal Rules of Civil Procedure (Rule 12 (b)(6))

Relevant Facts of the Case

• The defendant, Northwest Airlines, shared the personal data of the plaintiff passengers as requested by NASA. NASA needed this information for conducting research.
• This information contained various details about the passengers, such as name, address, credit card, etc.

Prominent Arguments by the Counsels

• The plaintiff’s counsel argued that the defendant transferred his personal data without his knowledge. This violated specific provisions of the Electronic Communications Privacy Act. Moreover, this sharing also violated the airline’s privacy policy and, hence, also led to a breach of contract.
• The defendant’s counsel submitted that the airline sold traditional products and services through a website. It did not provide an electronic communication service. Hence, the ECPA is not applicable. Moreover, the privacy policy does not constitute a contract and, therefore, did not lead to a breach of contract. Further, the plaintiff has failed to claim any contractual damages.

 Opinion of the Bench

• The defendant did not engage in services on the Internet but only sold traditional products or services online.
• The plaintiff’s ECPA claim is, therefore, not sustainable.
• The broad statements on the airline’s website do not give rise to contract claims. There was no breach of contract. Moreover, the plaintiff’s failure to claim contractual damages results in no remedy to the said action.

Final Decision

• The court allowed the defendant’s motion to dismiss the action.