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Judge dismisses claims in Sony PSN hack lawsuit

Dela @ Oct 25, 2012 09:32 | 5 comments

PSN breach hack suffers major setback.

US District Court Judge Anthony Battaglia has dismissed most claims laid against Sony, arguing that the firm has not violated consumer protection laws in California partly because the PSN service is free to use. He also threw out claims of neglect, negligence, unjust enrichment and bailment.

The bailment claim, and the claims of violation of California consumer protection laws, were dismissed with prejudice, but Battaglia did leave the door open for amending and bringing forth other dismissed claims again.

Sony was seeking that the case be dismissed entirely, but Battaglia stopped short of that decision. The PS3-maker claims that plaintiffs have failed to demonstrate any actual injury from the theft of their personal information.

In Battaglia's opinion however, the increased likelihood of future harm due to the leak of sensitive personal information represents enough of a loss that the case can proceed.

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Comments

Comment by: KillerBug (Oct 25, 2012 13:17)

Gotta love california judges...the service is free to use...unless of course you buy something...and the whole point of the suit is that the credit card numbers used to buy things were compromised.

It is "Toyota can disable hybrid functionality as found in some case that never happened" all over again.



Comment by: brockie (Oct 25, 2012 15:46)

some sense at last.

Comment by: Azuran (Oct 26, 2012 06:25)

Originally posted by KillerBug:
Gotta love california judges...

While it may not be so apparent here, California judges by case record are the most pro consumer in the country.


Comment by: phobet (Oct 26, 2012 22:42)

Originally posted by Azuran:
Originally posted by KillerBug:
Gotta love california judges...

While it may not be so apparent here, California judges by case record are the most pro consumer in the country.


I agree. I just think the judge overlooked the fact that the same network is used to purchase products from Sony.


Comment by: LordRuss (Oct 28, 2012 18:03)

Originally posted by Azuran:
Originally posted by KillerBug:
Gotta love california judges...

While it may not be so apparent here, California judges by case record are the most pro consumer in the country.


Very true, while they still indeed have the consumer's interests in mind, they are also the worst at committing to a firm decision in favor of said consumers when levying a judgement against a large corporation.


http://onlyinrussellsworld.blogspot.com

   

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