April 12, 2005
-- by Dave Johnson
Via Susie, it appears that LexisNexis didn't have 32,000 names stolen from its database after all. It was 310,000.So what can you do about it?
So, anyone up for a class action suit here? Oh, wait. That's pretty much impossible thanks to tort reform, isn't it? Maybe some regulation of the industry? Too bad business groups are opposed to even the mild regulation that California currently has in place.More and more our own government serves to protect a few special interests from the citizens they fleece or harm.
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Even before the bullshit class action bill it was well nigh impossible to bring a class action. How do you prove damages which may not occur until years down the road? Court refused to grant any other type of damages. Time off from work to clear this up? Tough. Eat it your fuckin' self they said. Damages from increased, or heightened credit monitoring? Tough..eat it yourself.
Here is how to bring the action and maybe one day someone will do it. Bring it under the Computer Fraud and Abuse Act. It has a private right of action. Subsection (g). Bring it as a willful negligence action for failure to implement adequate digital security measures. That will wake them the fuck up. But that kind of case cost big, big, bucks so a solo lawyer like me can't bring it. Non-profits are well meaning but they not are gut fighters that you have to be to go up against big time defense lawyers. Talk about bringing a dull knife to a gun fight. And for now, it is too speculative a theory of recovery for the large Plaintiff's firms to take the risk. But the day is coming. Assuming that is, there is still a relatively independent judiciary out there to hear the case. Not a small assumption.
Posted by: jon stanley at April 13, 2005 9:04 AM
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