The Librarian Wins In The Data Breach David Vs. Goliath Battle
Written by Evan SchumanFebruary 14th, 2008
A Florida librarian—whose confidential data was apparently accessed in a databreach involving Wells-Fargo and Sprint Nextel—won his lawsuit against the two giants on Tuesday, when neither company bothered to send anyone to represent them at the hearing. Given that the consumer hadn't sustained any financial losses, he was only seeking $597 so the court order was for the two firms to pay $756.80.
Although that amount might seem trivial, the librarian initially argued that it was likely more than most consumers who filed class-action lawsuits ever received (after attorney fees are paid) and it would be received much more quickly.
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10 Comments | Read The Librarian Wins In The Data Breach David Vs. Goliath Battle
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-Ed
February 15th, 2008 at 11:03 am
OMG, is this all you have to worry about? If the victim were to attempt to recover in “traditional” (your term) courts, how are they supposed to prove the mechanics of a breach, when the retailers/banks/processors hold all the technology cards?!? If there is anything to be learned here, it is that holders of financial data need to determine exactly which accounts were exposed, and only mail notifications to those affected. If this man was never a WF or SN customer, they shouldn’t have his data in the first place. Sheesh.
February 15th, 2008 at 11:11 am
Not sure I see your point. The librarian in this case tried to contact Wells Fargo and Sprint to say that he shouldn’t be on their lists, but they never responded to that question, according to the librarian. The economics of a traditional lawsuit wouldn’t work so he came up with the idea of going the Small Claims Court route.
February 15th, 2008 at 11:46 am
This article is informative about the court case and settlement – but not about what happened to the plaintiff (the breach itself). So I have no context by which to judge the importance of the ruling. Can you provide me a link that describes the “breach”?
February 15th, 2008 at 6:13 pm
Jane Don’t, Way to go, David. This is actually a huge story that I hope will get a lot of folks to follow suit — yes, pun intended.
February 16th, 2008 at 8:47 am
This guy should run for office.I’d vote for him.That thinking outide the box.
February 18th, 2008 at 8:42 pm
This guy worked at the library in Carol City, Miami.Cool guy, helps everyone.He down. DL
April 12th, 2008 at 10:09 am
I’m interested in suing Sprint for promising me a $10/month discount for being a long-time customer when changing to a new plan but the discount never appeared on my bill. They now deny that I was promised it. I’m interested in hearing from others with the same experience to make a stronger case.
April 12th, 2008 at 10:21 am
Any pro bono legal advice applicable for cell phone contract disputes in small claims court contract would be welcome too. Everything regarding the contract was verbal (over the phone) so I asked them to pull a recording of the conversation to prove me wrong and I got the usual “Customer Care”? runaround.
August 11th, 2008 at 6:35 pm
This dude is certified gangsta!He walk the walk when all you other fools just talk.Too bad this didn’t become a national story.
September 11th, 2008 at 7:40 pm
Outstanding article. This should have received much more publicity.