FACTA’s billion-dollar problem

by Ted Frank on October 31, 2007

My latest Liability Outlook looks at the abusive litigation created by a statutory drafting oversight: a bill designed to protect against identity theft has instead become a mechanism for the entrepreneurial plaintiffs’ bar to attempt to bankrupt innocent businesses that haven’t harmed anyone.


1 Deoxy 10.31.07 at 3:09 pm

I’m trying to be shocked at such a development. Surprised, at least. Come on…

Nope. Failed.

2 ben tillman 10.31.07 at 8:24 pm

How about the class actions filed under the Drivers’ Privacy Protection Act? TXED case no. 2:07-cv-00017-TJW may be the ultimate class action. Use your PACER account, and check out the 12(b)(6) at docket no. 60. I represent another defendant in the case, and I wish I’d come up with that argument at the bottom of page 1.

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