Amy Miller reports:
Plaintiffs attorney Scott Kamber is a privacy watchdog for consumers in the online world. Over the years, he’s filed many class actions against companies over various security breaches of online information.
But recently, he’s focused his efforts on a different type of online privacy suit. He’s filed dozens of class actions against websites like Facebook and Netflix claiming they have sold users’ personal information to advertisers, and they shouldn’t have.
[…]
But what are the damages? Kamber admits that actual harm is difficult to prove and quantify in court. “We believe we can,” he said. “But there’s limited case law in this area.”
Michael Rhodes, one of Kamber’s frequent adversaries in court, argues that it’s particularly hard when a consumer cannot be personally identified and only his or her movements are tracked. “If the technology is tracking web usage, and doing it anonymously, how is there a privacy rights implication?” he said. “That’s where we’re headed in this litigation.”
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