Lawsuit Challenges Missouri Cell Phone Tracking Law

The day before Missouri’s new cell phone tracking law was to take effect, Bolivar resident Mary Hopwood filed a lawsuit in the U.S. District Court for the Western District of Missouri seeking to have the new law declared unconstitutional. As I recently discussed, the new law requires phone companies to cooperate with police by tracking cell phone signals of 911 callers and/or by tracking a cell phone’s location when there is a danger of death or serious physical injury.

Hopwood’s lawsuit seeks to declare the new law as unconstitutional, alleging that it violates the Supremacy Clause of the United States Constitution. The Supremacy Clause prohibits states from enacting state statutes that conflict with federal law. Hopwood claims the Missouri law conflicts with several federal statutes, collectively known as the Electronic Communications Privacy Act. The ECPA governs the disclosure of the information stored by communications companies.

According to the lawsuit, one of the alleged conflicts involves Missouri’s elimination of phone companies’ discretion in responding to and possible denial of frivolous requests by law enforcement. Another conflict concerns the law’s complete denial of civil causes of action against the companies for wrongfully disclosing information. Federal law currently provides phone companies such discretion and provides for the possibility of civil relief against the companies for various wrongful actions.

Hopwood is seeking certification of the lawsuit as a class action to represent the interests of all cell phone users in Missouri. She is also seeking an injunction to prevent the law from taking effect. Recently, Hopwood amended her complaint to also include a claim the Missouri law violates her (and the proposed certified class’s) constitutional rights by depriving Hopwood (and all Missouri residents) equal protection of the ECPA and other federal statutes.

A copy of Ms. Hopwood’s Amended Verified Complaint may be found here. Oral argument has been set in this matter for October 31, 2012. Updates on this case will be made available as the lawsuit progresses.