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(followup, Acxiom) Class action suit over ID theft tossed out
From: Dissent <Dissent () pogowasright org>
Date: Thu, 12 Oct 2006 08:58:29 -0400
A federal judge in Arkansas has thrown out a class action lawsuit against Acxiom, which exposed massive amounts of Americans' personal information in a high-profile Internet security snafu three years ago. Even though a spammer had downloaded more than one billion records from the company, U.S. District Judge William Wilson ruled that there was no evidence that Acxiom's purloined database had been used to send junk e-mail or postal mail. Because the class action attorneys could not prove that anyone's information had actually been misused, Wilson dismissed the case and the request for damages on the grounds that any harm would be entirely speculative. "Because plaintiff has not alleged that she has suffered any concrete damages, she does not have standing under the case-or-controversy requirement," he wrote. The decision (PDF), published on Oct. 3, could prove influential in other identity fraud cases where breaches have exposed personal information such as home addresses and Social Security numbers, but there's no proof that the information has been misused. [...] http://news.com.com/Class+action+suit+over+ID+theft+tossed+out/2100-7348_3-6125028.html?tag=nefd.lede Court Opinion: http://www.politechbot.com/docs/acxiom.order.class.action.101106.pdf _______________________________________________ Dataloss Mailing List (dataloss () attrition org) http://attrition.org/dataloss Tracking more than 136 million compromised records in 416 incidents over 6 years.
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- (followup, Acxiom) Class action suit over ID theft tossed out Dissent (Oct 12)