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The problem I have with saying this is a threat is that a best the threat of a lawsuit is at best hypothetical--if and only if some response is required by that
by morpheuskafka 5y ago
The problem I have with saying this is a threat is that a best the threat of a lawsuit is at best hypothetical--if and only if some response is required by that law, and that response is not given, then you could see it as a threat. And most people writing that would have no reason or resources to dedicate to some frivolous lawsuit as a result. Obviously no one would sue for getting a response a couple days late, it would take at least months for it to be remotely worth it.
I wouldn't be surprised if most boilerplate CCPA request templates out there included the same wording. It's like when I send a FOIA request and put at the bottom, "this law says you are supposed to respond in X days," everybody knows that's the law already its just there to sound a bit more formal and like I actually care about the outcome. Obviously there is not going to be time or money for the vast majority of such technical violations to go to court. Would a study not be able to send out FOIA requests and study how long the responses took after including that verbiage because it's a "legal threat"?
- walrus01 5y ago> the threat of a lawsuit is conditional- It reads to me like the first message as a toehold in the door, from somebody who intends to litigate frivolously against the person they're sending it to.
- dudeman13 5y ago>threat of a lawsuit is at best hypothetical Every lawsuit threat, including "I'm suing your ass next Tuesday", is hypothetical. It takes being used to communication that randomly quotes the law, or extreme lack of social skills to not consider randomly quoting the law a threat. Individuals don't often randomly quote the law for the funsies. We could, of course, argue all day whether they should have just immediately dismissed it as junk email, but coming from what looks like junk email just lowers the expected threat.