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STERK v. REDBOX AUTOMATED RETAIL, LLC

No. 12-8002.

672 F.3d 535 (2012)

Kevin STERK and Jiah Chung, on behalf of themselves and others similarly situated, Plaintiffs-Respondents, v. REDBOX AUTOMATED RETAIL, LLC, Defendant-Petitioner.

United States Court of Appeals, Seventh Circuit.

Decided March 6, 2012.

Attorney(s) appearing for the Case

Natalie Spears (submitted), Attorney, SNR Denton US LLP, Chicago, IL, for Petitioner.

Ari Scharg, Attorney, Edelson McGuire, LLC, Joseph Siprut, Attorney, Siprut PC, Chicago, IL, for Respondents.

Before POSNER, ROVNER, and SYKES, Circuit Judges.

POSNER, Circuit Judge.

Redbox, a company that specializes in renting DVDs, Blu-ray Discs, and video games to consumers from automated retail kiosks and is the defendant in this class action suit under the Video Privacy Protection Act, 18 U.S.C. § 2710, asks us to allow it to take an interlocutory appeal under 28 U.S.C. § 1292(b). The issue it wants to appeal is whether subsection (e) of the Act can be enforced by a damages suit under subsection (c). The...

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