Katherine Goodloe writes:
Urban Outfitters is calling for its insurers to cover any potential losses stemming from allegations the company improperly collected customer zip codes.
In a set of cross-motions for summary judgment filed last week, the retailer argued the zip code claims filed against it in three class-action lawsuits involve a customer’s right to privacy, bringing them within the personal and advertising provision of its insurance policy, while the insurers disclaimed any responsibility.
Urban Outfitters argues it is covered so long as the claims involve a “right to secrecy,” which it argues is implicated by allegations it disclosed the private information of customers. But both OneBeacon America Insurance Company and The Hanover Insurance Group argue that no such right is implicated by collecting zip codes. Customers “can have no secrecy interest in their ZIP Codes,” the Hanover Insurance Group argued. Similarly, OneBeacon contends that “zip codes and home addresses are not private facts.”
Read more on Covington & Burling InsidePrivacy.