By yaelk from Slashdot's another-security-breach department
chicksdaddy writes: You would think that the "damages" caused by massive online thefts, like those leveled against Target, Home Depot and Anthem Healthcare are self evident. But companies are arguing hard that they can't be sued for damages resulting from data breaches, because the "victims" can't show that they were harmed by the theft. That was the case back in June, when lawyers for Home Depot filed a motion to have a case linked to the compromise at that company dropped. The case was brought by customers whose data was stolen in the attack, but Home Depot's attorneys argued that those customers couldn't prove that they were harmed by the theft of their credit card information. Now a judge in San Francisco has dealt a blow to would-be defendants in a case against Anthem. In an opinion released on Sunday, U.S. District Judge Lucy Koh found that the loss of personal information in the breach of Anthem constitutes harm under New York's General Business Law. The ruling rejected arguments from Anthem and its lawyers that no direct harm resulted from the breach, which was first disclosed in February 2015. In her decision in the Anthem case, Koh reasoned that the theft of personal identification information is harm to consumers in itself, regardless of whether any subsequent misuse of it can be proven. Allegations of a "concrete and imminent threat of future harm" are enough to establish an injury and standing in the early stages of a breach suit, she said.Read Replies (0)
By timothy from Slashdot's lawyers-should-warn-you-about-certain-words department
Robotech_Master writes: The ongoing saga of the Neverstop plan shows that Karma Wireless just can't seem to catch a break as far as high-bandwidth plans are concerned. After starting out with a straight pay-per-bandwidth plan, "Refuel," for its $150 wireless hotspot, Karma thought it would innovate with a throttled-but-otherwise-unlimited 4G plan, "Neverstop." However, it soon discovered that users were taking it at its word and using up considerably more bandwidth than Karma expected or could afford. After experimenting with further throttling, Karma subsequently revamped the plan into a $50 per month, 15 GB plan that throttled to dialup speed after it ran out.
However, now it turns out even that plan was too optimistic, and Karma has opted to dump the Neverstop plan altogether in favor of tiered monthly plan called Pulse —whose bandwidth costs significantly more. ($40/mo for 5 GB, $75 for 10 GB, $140 for 20 GB.) Karma's "unlimited" users weren't pleased the first time the plan changed, and now they're practically through the roof.Read Replies (0)