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The problem is that the legal system is flawed in such a way that the wronged parties rarely have the time & resources needed to actually put the issue in front
by Nextgrid 4y ago
The problem is that the legal system is flawed in such a way that the wronged parties rarely have the time & resources needed to actually put the issue in front of a judge. If it actually does get in front of a judge (in reality it would get settled out of court if it actually gets anywhere close) I would indeed expect their argument to fall apart.
This is something that ideally the government (its consumer protection branches like the FTC) should be policing proactively, filing suits preemptively against systems that are trivially exploitable.
- ISL 4y agoAgreed -- there's also little recourse for many forms of online fraud, as there's no capacity for law-enforcement to investigate at scale.
- MereInterest 4y agoDefinitely agreed. I think it also stems from laws that define explicit and measurable harm as the only types of harm. For false advertising and fraud, it usually requires proving that they was financial harm done as the result of the false statements. Because creating an environment in which fraud is cheap and easy doesn't count as "harm". Because false advertising doesn't count as "harm" in itself, even as imposes the burden of scrutinizing all claims from previously trustworthy sources.