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The problem is, "reasonable" is subjective. Things like this need to be tethered to something. "The fee may not exceed 50% of the hourly federal minimum wage.
by ortusdux 4y ago
The problem is, "reasonable" is subjective. Things like this need to be tethered to something. "The fee may not exceed 50% of the hourly federal minimum wage."
- bin_bash 4y agoThat’s just not true. “Reasonable” is a binding term used in contracts all of the time. The court system is extremely experienced in determining what is and is not reasonable.
- QuarterReptile 4y agoMuch like passing a bill to find out what's in it, going to court to discover the rules is not a healthy way for society to run.
- bin_bash 4y agoGoing to court to discover the rules is precisely how common law systems work
- giantg2 4y ago"The court system is extremely experienced in determining what is and is not reasonable." Almost always to the dismay of one party, and sometimes to the dismay of the general public.
- MerelyMortal 4y agoNot always. According to lemon law lawyer Mr. Lehto (who runs a Youtube channel Lehto's Law), RVs are not covered under most state lemon laws, and thus defers to the federal Magnuson Moss Warranty Act which just says repairs must be under a reasonable time frame, and the RV companies say something like 10 repairs, 6 months each, is the industry standard and thus reasonable, and judges don't have anything else to base that on, so they agree.
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- riversflow 4y agoI don’t want to have to go to court to not be extorted over my data.
- jdasdf 4y agoIt's certainly experienced in making stuff up.
- ortusdux 4y agoLeaving the fee uncapped creates an incentive for business to put zero effort into making the reporting process efficient. That way, they can demonstrate that compliance requires 5 skilled hours (for example) and "reasonably" charge $250 per report. Courts rule on the evidence provided. If a user challenges the fee, the company can easily document where every penny went, and therefore claim it is a reasonable charge. The user's only real recourse would be to prove that company is over-billing, but that would require evidence. Pegging the cost to a set number of labor hours by law signals to companies that part of the cost of collecting this data is they must develop their internal systems in a way that they can quickly and easily comply with requests.
- smileysteve 4y agoFrom a foia perspective the courts and government agencies aren't great at "reasonable".
- drstewart 4y agoGDPR is filled with "reasonableness" expectations and unspecified guidelines that aren't tethered to anything. Why the concern over this one specifically?
- dsr_ 4y agoThis one, I dunno. But in general, EU/EC law is full of policy that gets interpreted as human judgement calls, and US law is full of details that are interpreted as badly-written code with a choice of parsers. The two styles are not compatible.
- scarface74 4y agoYes because a 99 section 11 chapter law is really easy for small companies to follow…
- scsh 4y agoEU laws can often be written in such a way and are a bit looser in their language in ways when compared to how it may be written in the US. EU courts are more experienced with dealing with interpretations of "reasonableness" for a given law when compared to the US, so it's not really a fair comparison.
- smileysteve 4y agoYes, what's reasonable to a company may not be reasonable to a consumer. Ie, as a company can create process that uses 10 man hours and my cheapest labor with overhead is $50/hr, but we can find countless CNBC articles that say the average consumer can't afford a $500 expense.