COLUMBIA, S.C. (6/4/13)--A federal judge in Columbia, S.C., has granted AllSouth FCU's request for a court order requiring Comcast Cable Communications LLC to disclose certain subscriber information to assist AllSouth in identifying who targeted it for a phishing scam.
AllSouth, a $666 million asset credit union in Columbia, had sued unidentified "John Does and Jane Does" on April 17 in the U.S. District Court for the District of South Carolina, Columbia Division, after more than 125 members reported they had revealed personal data to a text-message SMS phishing scam (News Now May 9).
The scam used the credit union's identity in the messages. The suit alleges violation of the credit union's trademark, racketeering and violation of state laws.
U.S. District Judge Joseph F. Anderson Jr. Wednesday ordered Comcast, pursuant to the Cable Communication Policy Act, to disclose subscriber information relating to Internet Provider (IP) addresses 188.8.131.52 and 184.108.40.206 from April 1 to April 20.
Information to be disclosed includes: name, address, length of service (including start date), types of services used, telephone or instrument number or other subscriber identity (including any temporarily assigned network address), and means and source of payment (including credit card or bank account number).
Comcast will have seven calendar days after the subpoena is served to notify the subscribers that their identity is sought by the plaintiff. Those subscribers will have 21 calendar days after the Comcast notice to file any papers contesting the disclosure of the information.
The credit union will pay Comcast reasonable costs of compiling the requested information, providing pre-disclosure notifications to subscribers and all other reasonable costs and fees incurred in responding to discovery, said the order.
If the information is no longer available for the period involved, Comcast is then to provide the earliest available subscriber information closest to the original requested dates, the order said. The information given to the credit union is to be used solely for purposes of protecting its rights under the Trademark Act of 1946, the Racketeer Influenced and Corrupt Organizations Act, and state laws applicable to the suit.
Last month the court had granted AllSouth FCU the ability to subpoena third parties to get the information.