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Sure, find some customers and sue on their behalf; this is a product liability issue. However, you would have to show actual damages to collect much. If the rou
by mountainb 6y ago
Sure, find some customers and sue on their behalf; this is a product liability issue. However, you would have to show actual damages to collect much. If the router the plaintiff purchased was never compromised, it might be tough to claim significant damages. Even the purported harm to privacy would have to be demonstrated. There may be other crimes related to selling compromised hardware, but that might require actual knowledge or constructive knowledge that the products were compromised.
So for example, if you buy a defective helmet for your kid from Walmart, the kid gets into an accident, and the kid dies, you sue Walmart for damages commensurate to the death of the child. For the router, you have to show the compromise that resulted from the vulnerability and the damages that ensued. If there was no compromise and just the potential for compromise the damages may be quite limited.
So Walmart might have some good faith defenses and it might be challenging to show enough damages.
There may also be some fines that the FTC could levy related to this because of the deceptive trade practices associated with selling a fatally defective product that could pose serious risks to privacy.