tvguy
Question anything the facts don't support.
- Joined
- Dec 15, 2003
- Messages
- 47,696
I refer you to Hannaford, a company that did EVERYTHING right and was still hacked. They lost in court against some class action lawsuits. The courts previously were mixed in determination, but Hannaford and some other smaller decisions seem to indicate that the burden is now on the companies.
Did a quick, dirty Google search and this was the first thing that popped up:
http://www.infolawgroup.com/2011/10/articles/motion-to-dismiss/federal-appeals-court-holds-identity-theft-insurancecredit-monitoring-costs-constitute-damages-in-hannaford-breach-case/
Now that's federal. Depending upon your state. . .well. Some are very, very friendly to consumers and not so much to the business. (If you file suit in Louisiana for damages related to credit card theft, the way the relevant law has been interpreted, the business just needs to bend over and kiss its tail goodbye.)
ETA: Could you please post links to the articles that claim definitively that no one's information has been used?
Yup the deep pockets rule often applies in court without regard to liability.
Every article I can find says the breach "put people at risk" of hacking" and has thinks like "if the thieves figure out how to use the data" but I have not seen an actual case of hacking documented, if you see such an article, please post a link.
http://money.cnn.com/2014/01/10/news/companies/target-hacking/
http://www.wibw.com/home/headlines/Target-Hacking-Hit-70-Million-Customers--239600181.html
http://www.entrepreneur.com/article/230762
http://fox17online.com/2014/01/12/target-hacking-hit-up-to-110-million-customers/#axzz2qCzOh32W
http://www.cnbc.com/id/101323479