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Fraser v. Nationwide Mutual Insurance Co.
United States District Court for the Eastern District of Pennsylvania
352 F.3d 107 (2004)
Richard Fraser (plaintiff) was an employee of Nationwide Mutual Insurance Company (Nationwide) (defendant). Fraser sent emails to another Nationwide employee through Nationwide’s internal email system. Fraser’s emails were received and discarded. When other Nationwide employees retrieved the discarded emails sent by Fraser, Fraser sued the company. Fraser alleged that Nationwide’s retrieval of his emails violated federal and state wiretap laws, including the Electronic Communications Privacy Act (ECPA). Specifically, Fraser alleged Nationwide violated: (1) the Wiretap Act provisions that had been amended by the ECPA and (2) the provisions of the ECPA known as the Stored Communications Act (SCA).
Rule of Law
Holding and Reasoning (Brody, J.)
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