Stored Communications Act- Statute of Limitations

By: WISCONSIN LAW JOURNAL STAFF//December 19, 2022//

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7^th Circuit Court of Appeals

Case Name: Barbara Uebelacker v. Rock Energy Cooperative

Case No.: 22-1833

Officials: Flaum, Easterbrook, and St. Eve, Circuit Judges.

Focus: Stored Communications Act- Statute of Limitations

Uebelacker sent a former coworker private Facebook messages disparaging her bosses. Soon afterwards, Uebelacker’s employer discovered the messages and confronted her. She was demoted and eventually fired. Uebelacker brings a claim under the Stored Communications Act, arguing that her employer was not authorized to view the messages. The district court granted summary judgment based on the statute of limitations. The Act’s limitations period began running in January 2019 and expired in January 2021. Uebelacker did not file suit until March 2021. A fear of termination cannot save the claim.

Affirmed.

Decided 12/12/22

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