3 ms·

These kinds of cases are the only way for consumers to punish corporations, what else would you have them realistically do?

mech987987 4y ago
It will successfully punish facebook (the payout will happen). It just won't reward individual consumers very much.
- deleted 4y ago
  [deleted]
shbooms 4y ago
I think GP's point is that the amount of the settlement is not enough given the total number of users involved, rather than the class action itself is insignificant. In my opinion, in these type of cases, the amount should be directly correlated to how much revenue the company generated from the sale of the data. If the sale of my data is deemed illegal/unethical/etc, then I should reap all financial benefits plus damages. What's stopping FB from just continuing this practice and just upping their costs to their customers to include this added "cost" of doing business?
- ethbr0 4y ago
  It's a good point. More hyperscale excesses would be redressed if we calculated on the greater of damages or profits. My understanding of the current model is that if {profit} - {legal fees} > {calculated damages settlement}, there's zero incentive not to break the law.
- 1123581321 4y ago
  In Facebook’s privacy case there’s also a fine and an agreement to change behavior. https://www.ftc.gov/news-events/news/press-releases/2019/07/ftc-imposes-5-billion-penalty-sweeping-new-privacy-restrictions-facebook https://www.ftc.gov/news-events/news/press-releases/2019/07/... Generally, class actions can include changes in behavior as part of the settlement. Class actions also pave the way for bigger class actions if the behavior isn’t changed, especially since they often negotiated by claiming to have already spent resources fixing the issue and their claims and the settlement have to pass judicial approval. I’m not saying it’s a perfect system.
bradleyjg 4y ago
Every other country in the world has regulators that regulate for a salary rather than delegating to bounty hunter attorneys looking for a windfall.
- thrill 4y ago
  So the victims would get six dollars each instead of four dollars. Wowza.
  - qwytw 4y ago
    They wouldn't get anything as is usually the case in most places outside the US...
nisegami 4y ago
>what else would you have them realistically do? Mob justice
Red_Leaves_Flyy 4y ago
Corporate death penalty and mandatory minimums for executives/responsible employees?
izzydata 4y ago
A payout of 100 billion and then the company goes bankrupt. Or more realistically a company doing such egregious behavior would cause customers to stop using it and then lead to it drastically changing or going bankrupt. But people constantly accept abuse and then forget about it.

mech987987 4y ago

It will successfully punish facebook (the payout will happen). It just won't reward individual consumers very much.

deleted 4y ago
[deleted]

shbooms 4y ago

I think GP's point is that the amount of the settlement is not enough given the total number of users involved, rather than the class action itself is insignificant. In my opinion, in these type of cases, the amount should be directly correlated to how much revenue the company generated from the sale of the data. If the sale of my data is deemed illegal/unethical/etc, then I should reap all financial benefits plus damages. What's stopping FB from just continuing this practice and just upping their costs to their customers to include this added "cost" of doing business?

ethbr0 4y ago
It's a good point. More hyperscale excesses would be redressed if we calculated on the greater of damages or profits. My understanding of the current model is that if {profit} - {legal fees} > {calculated damages settlement}, there's zero incentive not to break the law.
1123581321 4y ago
In Facebook’s privacy case there’s also a fine and an agreement to change behavior. https://www.ftc.gov/news-events/news/press-releases/2019/07/ftc-imposes-5-billion-penalty-sweeping-new-privacy-restrictions-facebook https://www.ftc.gov/news-events/news/press-releases/2019/07/... Generally, class actions can include changes in behavior as part of the settlement. Class actions also pave the way for bigger class actions if the behavior isn’t changed, especially since they often negotiated by claiming to have already spent resources fixing the issue and their claims and the settlement have to pass judicial approval. I’m not saying it’s a perfect system.

bradleyjg 4y ago

Every other country in the world has regulators that regulate for a salary rather than delegating to bounty hunter attorneys looking for a windfall.

thrill 4y ago
So the victims would get six dollars each instead of four dollars. Wowza.
- qwytw 4y ago
  They wouldn't get anything as is usually the case in most places outside the US...

nisegami 4y ago

>what else would you have them realistically do? Mob justice

Red_Leaves_Flyy 4y ago

Corporate death penalty and mandatory minimums for executives/responsible employees?

izzydata 4y ago

A payout of 100 billion and then the company goes bankrupt. Or more realistically a company doing such egregious behavior would cause customers to stop using it and then lead to it drastically changing or going bankrupt. But people constantly accept abuse and then forget about it.