Career Counseling, Inc. v. Amerifactors Financial Group, LLC et al

Filing 202

ORDER AUTHORIZING DISCLOSURE OF INFORMATION FROM THIRD-PARTY PHONE CARRIERS. Signed by Honorable J Michelle Childs on 4/12/2021. (asni, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF SOUTH CAROLINA
COLUMBIA DIVISION
Career Counseling, Inc. d/b/a Snelling
Staffing Services, a South Carolina
corporation, individually and as the
representative of a class of similarly
situated persons,

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Civil Action No. 3:16-cv-03013-JMC
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ORDER AUTHORIZING DISCLOSURE
Plaintiff,
) OF INFORMATION FROM THIRD-PARTY
v.
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PHONE CARRIERS
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Amerifactors Financial Group, LLC,
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and John Does 1–5,
)
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Defendants.
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___________________________________ )
Having granted Plaintiff Career Counseling, Inc.’s Renewed Motion to Reconsider Denial
of an Authorization Order under the Cable Communication Policy Act of 1984, 47 U.S.C. § 551
(see ECF No. 201), the court ORDERS as follows:
IT IS ORDERED that third-party subpoena respondents in the above-captioned case are
hereby authorized to disclose the requested information in said subpoenas, namely:
1. For each telephone number on the list for the date listed, identify whether or not you
provided online fax service to the subscriber of that telephone number.
2. For each telephone number on the attached list for the date listed, provide the name and
address of the subscriber.
IT IS FURTHER ORDERED THAT Plaintiff may serve a copy of this Order on third
party phone carriers and any of their subsidiaries or affiliated entities that have been served with a
subpoena requesting the information set forth above in Request Nos. 1 and 2, advising them of this
Order.
IT IS FURTHER ORDERED THAT,
(a) the phone carriers shall have thirty (30) calendar days after said notice to notify
subscribers that their name and address are being sought by Plaintiff;
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(b) each subscriber whose name and address are sought shall have twenty-one (21)
calendar days from the date of such notice to file suit, submit, or otherwise assert any
opposition to the requested disclosure; and
(c) payment to the phone carriers by Plaintiff of all reasonable costs of: (i) compiling the
names and addresses of subscribers; (ii) providing pre-disclosure notifications to
subscribers; and (iii) all other reasonable costs and fees incurred responding to
discovery, the determination of which will be addressed by Plaintiff and the phone
carrier.
Phone carriers may provide notice using any reasonable means, including but not limited
to written notice sent to the subscriber’s last known address, transmitted either by first class
mail or via overnight service.
IT IS FURTHER ORDERED THAT any information disclosed to Plaintiff in response
to the subpoena issued under Rule 45 of the Federal Rules of Civil Procedure may be used by
Plaintiff solely for this matter and solely consistent with any orders entered by the Court in this
matter.
IT IS FURTHER ORDERED THAT good faith attempts by the phone carriers to notify
the subscriber(s) shall constitute compliance with this order.
IT IS SO ORDERED.

United States District Judge
April 12, 2021
Columbia, South Carolina

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