KIRCH v. EMBARQ MANAGEMENT CO.

No. 11-3275.

702 F.3d 1245 (2012)

Kathleen KIRCH; Terry Kirch, individually and on behalf of themselves and all others similarly situated, Plaintiffs-Appellants, v. EMBARQ MANAGEMENT CO., a Delaware corporation; United Telephone Company of Eastern Kansas, a Delaware corporation, Defendants-Appellees, and Doe Defendants 1-5, Defendants.

United States Court of Appeals, Tenth Circuit.

December 28, 2012.


Attorney(s) appearing for the Case

Rahul Ravipudi , Panish, Shea & Boyle, LLP, ( Paul A. Traina , Steven J. Lipscomb , Engstrom, Lipscomb & Lack, with him on the briefs), Los Angeles, CA, for Plaintiffs-Appellants.

Matthew E. Price , Jenner & Block, LLP, Washington, D.C., ( David A. Handzo , Jenner & Block LLP and J. Emmett Logan , Stinson Morrison Hecker LLP, Kansas City, MO, with him on the brief), for Defendants-Appellees.

Before MURPHY, HARTZ, and HOLMES, Circuit Judges.


HARTZ, Circuit Judge.

Plaintiffs Kathleen and Terry Kirch appeal the district court's grant of summary judgment in favor of Defendants United Telephone Company of Eastern Kansas and Embarq Management Company (collectively "Embarq") on the Kirches' claim that Embarq intercepted their Internet communications in violation of the Electronic Communications Privacy Act of 1986 (ECPA), Pub. L. No. 99-508, 100 Stat. 1848. Embarq is an Internet service provider (ISP). The...

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