I am a class action attorney. My law firm and I sued Ameritrade over failing to disclose the security breach on May 31, 2007. We filed for a preliminary injunction on July 10, 2007. Part of the relief we sought for the accountholders in the preliminary injunction was a disclosure of this information.
In sum, this Motion seeks an Order from this Court against TD AMERITRADE, Inc. that:...
8. Requires TD AMERITRADE, Inc. to prominently disclose in its Privacy Statement and in emails or other individual disclosures to its accountholders:
ALERT: AMERITRADE'S INFORMATION SYSTEMS ARE NOT NECESSARILY SECURE AND WE CANNOT ASSURE THE SECURITY OF YOUR PERSONAL INFORMATION. THERE IS EVIDENCE THAT SOME ACCOUNTHOLDERS' EMAIL ADDRESSES HAVE LEAKED FROM AMERITRADE'S COMPUTER SYSTEMS TO SPAMMERS. AMERITRADE HAS AN ONGOING INVESTIGATION INTO THIS SITUATION. YOUR NAME, SOCIAL SECURITY NUMBER, AND YOUR EMAIL ADDRESS MAY HAVE BEEN LEAKED AS WELL.
We recommend that you place a fraud alert on your credit file. A fraud alert tells creditors to contact you before they open any new accounts or change your existing accounts. Call any one of the three major credit bureaus. As soon as one credit bureau confirms your fraud alert, the others are notified to place fraud alerts. All three credit reports will be sent to you, free of charge, for your review. You can contact Equifax (800-685-1111), Experian (888-397-3742), or TransUnionCorp (800-680-7289).
Even if you do not find any suspicious activity on your initial credit reports, the Federal Trade Commission (FTC) recommends that you check your credit reports periodically. Victim information sometimes is held for use or shared among a group of thieves at different times. Checking your credit reports periodically can help you spot problems and address them quickly.
If you find suspicious activity on your credit reports or have reason to believe your information is being misused, call [insert contact information for law enforcement] and file a police report. Get a copy of the report; many creditors want the information it contains to absolve you of the fraudulent debts. You also should file a complaint with the FTC at www.consumer.gov/idtheft or at 1-877-ID-THEFT (877-438-4338). Your complaint will be added to the FTC's Identity Theft Data Clearinghouse, where it will be accessible to law enforcers for their investigations.
You can obtain a copy of Take Charge: Fighting Back Against Identity Theft, a comprehensive guide from the FTC to help you guard against and deal with identity theft at:
http://www.ftc.gov/bcp/edu/pubs/consumer/idtheft/idt04.htm
His paper, if I remember correctly, would expand liability further than I would, but he's a UCLA law prof and I'm a class action attorney, so draw your own conclusions.
I am a class action attorney. (To explain better who I am and what I do, my firm was lead counsel in the Sony CD/XCP case.) I'd like to speak to you about your situation, if you'd like to do so on a confidential basis.
You're abosolutely correct and I appreciate the advise; I posted the second time after realized that the first post's subject was unlikely to draw many viewers. Is there any way to delete the first post?
I am an attorney in Chicago, Illinois. Some affiliated law firms and I are investigating a possible consumer class action against Sony Music Entertainment Corp. ("Sony") for selling "CD"-like media encoded with the XCP2 copy protection scheme, without properly disclosing XCP2 copy protection program's nature or effects on its users' computers.
If you or anyone you know has purchased a compact disc with the XCP2 copy protection program (apparently most of Sony's releases since August 2005) and played or attempted to pay the compact disc on a Windows personal computer, you may have a claim against Sony and other parties. If you would like representation in this matter, please contact me at:
Ethan Preston
150 South Wacker
Suite 2600
Chicago, IL 60606
(312) 346-8700 ex. 108
I am an attorney in Chicago, Illinois. Some affiliated law firms and I are investigating a possible consumer class action against Sony Music Entertainment Corp. ("Sony") for selling "CD"-like media encoded with the XCP2 copy protection scheme, without properly disclosing XCP2 copy protection program's nature or effects on its users' computers.
If you or anyone you know has purchased a compact disc with the XCP2 copy protection program (apparently most of Sony's releases since August 2005) and played or attempted to pay the compact disc on a Windows personal computer, you may have a claim against Sony and other parties. If you would like representation in this matter, please contact me at:
Ethan Preston
150 South Wacker
Suite 2600
Chicago, IL 60606
(312) 346-8700 ex. 108
Slashdot Mirror
I wrote a law review article on this here: http://www.eplaw.us/data/ComputerSecurityPublicati ons.pdf
r .pdf
My analysis was pretty economics-based, if I remember correctly (it was published in 2002).
The best First Amendment-side analysis was done by Eugene Volokh. Gene's paper considered much broader issues than our own paper.
http://www.law.ucla.edu/volokh/facilitating.pdf
http://www.law.ucla.edu/volokh/facilitatingshorte
His paper, if I remember correctly, would expand liability further than I would, but he's a UCLA law prof and I'm a class action attorney, so draw your own conclusions.
I am a class action attorney. (To explain better who I am and what I do, my firm was lead counsel in the Sony CD/XCP case.) I'd like to speak to you about your situation, if you'd like to do so on a confidential basis.
Or, rather, "absolutely" and "advice."
You're abosolutely correct and I appreciate the advise; I posted the second time after realized that the first post's subject was unlikely to draw many viewers. Is there any way to delete the first post?
If you or anyone you know has purchased a compact disc with the XCP2 copy protection program (apparently most of Sony's releases since August 2005) and played or attempted to pay the compact disc on a Windows personal computer, you may have a claim against Sony and other parties. If you would like representation in this matter, please contact me at: LAWYER ADVERTISEMENT
If you or anyone you know has purchased a compact disc with the XCP2 copy protection program (apparently most of Sony's releases since August 2005) and played or attempted to pay the compact disc on a Windows personal computer, you may have a claim against Sony and other parties. If you would like representation in this matter, please contact me at: