^What duties are owed under statute? What statute? There might be one; I'm just not aware of it as I don't do anything privacy-based really.
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Originally Posted by rubecube
Good points. I would imagine it likely would be negligence if you could somehow prove the company didn't have robust enough security measures. If it costs you your marriage, could damages be the expenses associated with a divorce? What about damage to one's reputation?
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1. Yes, I imagine you would make that argument. Then you'd end up with a bunch of disclosure that would show you what those security procedures were. I bet they're pretty robust though.
2. I think AM would have a pretty strong argument that expenses related to a divorce are too remote to be recoverable.
I guess there's a bunch of wacky arguments they could make about equitable damages or something, but basically you're suing for pain and trauma on the negligence side, and I guess just a failure of consideration (i.e. you didn't give me what I paid you for, so give me my money back) on the contract side.