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State’s Supreme Court Upholds Opt-Out Fee Program

PRIVACY LAW—U.S.

August 2, 2012

Maine’s Supreme Court has upheld the state’s public utilities commission (PUC) decision to allow Central Maine Power (CMP) to charge a fee to customers wishing to opt out of the company’s smart meter program, Info Law Group reports. CMP was one of the first utilities in the U.S. to face legal opposition to smart meter implementation after customers challenged the program in early 2011, alleging CMP’s smart meter installations violated their Fourth Amendment privacy rights. The PUC ruled the fee would be permitted, and, despite the customers’ challenge to the decision, Maine’s Supreme Court upheld the decision on July 12, stating the utility’s opt-out provision negated any privacy concerns.
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