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> if a data breach occurs, the law permits consumers to recover up to $750 per incident This is great!
by lxe 8y ago
> if a data breach occurs, the law permits consumers to recover up to $750 per incident
This is great!
- llukas 8y ago"up to" Are there any guidelines for determining actual compensation?
- chmod775 8y agoPresumably it's a scale from "Leaked (e-mail) adresses" to "Leaked nude photographs".
- llukas 8y agoI don't mind my nude photographs. I mind if somebody takes loan in my name and dumb bank would send it to collections.
- jusssi 8y agoSomeone else might mind your nudes. E.g. your employer, the school your kids go to, the parents of your kids' friends, etc. At least in the US, rest of the world isn't that shocked of our natural form.
- flakss 8y agoPresumambly the upper end of the scale would be closer to identity theft with total asset loss and fraudulent lines of debt, which is likely would occur if eg google got hacked.
- icoe 8y agoIt would be decided in a civil court, most likely.
- Groxx 8y agoThe full sentence is this fwiw: >Additionally, if a data breach occurs, the law permits consumers to recover up to $750 per incident (or actual damages, if greater). So that might just be $750 as part of a punitive fee.
- tzs 8y agoIt sounds more like a statutory damages thing, although note I have not read the law. The idea with statutory damages is that determining the actual damages can be difficult and uncertain, so some laws allow plaintiffs to elect to ask for damages from a standard range, and the court will decide where damages should fall in that range based. It's basically saying "just give me about what is typical for cases like this one".
- kevin_b_er 8y agoSimple, you just add this to clickwrap agreement: The Parties mutually agree that any and all disputes arising from or relating to this Agreement, including the interpretation or application of this Agreement will be submitted exclusively to final and binding arbitration pursuant to the Federal Arbitration Act. The arbitration will be conducted the state of Delaware or such other location as the Parties may agree, by a single arbitrator in accordance with the substantive laws of the State of Delaware. Boom. No more pesky California law.
- wilg 8y agoOh are you a lawyer?
- dbdjfjrjvebd 8y agoOP needs to be not just a lawyer, but your lawyer. I.e. someone who is accountable to you if their advice is wrong.
- deleted 8y ago[deleted]
- carbocation 8y agoI dislike how the minute someone mentions a legal hack, the responses are "oh, are you a lawyer?" Why not consider this reply on its merits?
- deleted 8y ago[deleted]
- ChrisSD 8y ago"Legal hacks" are rarely, if ever, as clever as their proponents think. Scepticism is natural and warranted. Judges aren't complete morons and will take a dim view of "hacks". There could be loopholes somewhere but you'd need a lawyer to spot them.
- 8y ago
- b_tterc_p 8y agogood time to make a bot that signs up for things
- jhanschoo 8y agoOnly if you don't value your PII. If you don't use PII in your bot then you can't claim.
- heavyset_go 8y agoThere shouldn't be a cap to liability, this reeks of tort reform-esque legislation. If my identity gets stolen, there is much more than $750 at stake on my end.
- tzs 8y agoIt's up to $750 or actual damages if greater.