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Google admits to violating federal law and plans to keep doing it

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Re: Google admits to violating federal law and plans to keep doing it

#21
post #10

That's actually horrible. The immediate impact is that someone who is the victim of fraud is then stigmatized and systematically denied access to financial service. The knock-on impact is even worse, though, as it means there is a strong consumer disincentive now to report fraud at all. People would refrain from reporting identity theft so as to preserve access to their digital lives. At scale, this would effectively…

[deleted]

Re: Google admits to violating federal law and plans to keep doing it

#22
You might want to contact your senators, and if they aren't responsive, I would not be surprised if Sen Elizabeth Warren's office wasn't interested [0].

This sounds like an egregious and intentional management decision to ignore the law. Generally not appreciated by those who write the laws.

[0] https://www.warren.senate.gov/contact/office-locations

Re: Google admits to violating federal law and plans to keep doing it

#23
post #9

Earlier quoted context omitted.

Although the situation is ideal for class action, federal law caps the penalty at $500,000 for class action and so depending on the number of class members the amount I'd get as a class representative is likely less than what I'd get in an individual case.

So you don't really care about others, just yourself. A class action, could gain you near nothing but cost Google millions, or you could gain 10k and google could lose 10k.

Yeah that's incredibly selfish. Is the point to hit Google for acting antisocially and doing this same song and dance potentially with anyone, or just to get compensated for the brazen demands on your apparently extremely valuable time?

Re: Google admits to violating federal law and plans to keep doing it

#24
Nitpick: depending on how the financing is structured, it may not be under CFPB jurisdiction at all - the DOJ explainer on the ECOA says that retailers and "finance companies" are the FTC's responsibility.

https://www.justice.gov/crt/equal-credit-opportunity-act-3

IANAL but I do suspect the counter-argument would be that their internal fraud processes & metrics have determined there's NO approach that produces "reasonable belief" of the user's identity as required before issuing credit for a report with a fraud alert.

https://www.govinfo.gov/content/pkg/USCODE-2011-title15/html...

Re: Google admits to violating federal law and plans to keep doing it

#25
post #24

Nitpick: depending on how the financing is structured, it may not be under CFPB jurisdiction at all - the DOJ explainer on the ECOA says that retailers and "finance companies" are the FTC's responsibility. https://www.justice.gov/crt/equal-credit-opportunity-act-3 IANAL but I do suspect the counter-argument would be that their internal fraud processes & metrics have determined there's NO approach that produces "reaso…

The CFPB did end up forwarding the complaint and I did notify the DoJ as well. I agree that they'll probably try to argue anything they can to deny responsibility.

Re: Google admits to violating federal law and plans to keep doing it

#26
post #20
post #19

Earlier quoted context omitted.

Could this be ripe for an automated lawsuit app, like the one to fight against bogus parking fines? How many could be won before Google finally fixes it?

I wonder if Google would cut off accounts associated with suing Google.

That is one of my biggest concerns, although in this case that would hopefully be a PR disaster.

Re: Google admits to violating federal law and plans to keep doing it

#27
post #23
post #9

Earlier quoted context omitted.

So you don't really care about others, just yourself. A class action, could gain you near nothing but cost Google millions, or you could gain 10k and google could lose 10k.

Yeah that's incredibly selfish. Is the point to hit Google for acting antisocially and doing this same song and dance potentially with anyone, or just to get compensated for the brazen demands on your apparently extremely valuable time?

Both. Regardless of the route, they would change their practices and the law does allow for equitable relief to get them to stop doing the action.

Re: Google admits to violating federal law and plans to keep doing it

#28
post #20
post #19

Earlier quoted context omitted.

Could this be ripe for an automated lawsuit app, like the one to fight against bogus parking fines? How many could be won before Google finally fixes it?

I wonder if Google would cut off accounts associated with suing Google.

I would be surprised if they didn't.

Re: Google admits to violating federal law and plans to keep doing it

#29

Are you pursuing legal action?

Yes, I will be pursuing legal action on the matter because there is a $10,000 punitive penalty.

please update if you get $10k out of them in a settlement. I'll be happy to file myself.

Re: Google admits to violating federal law and plans to keep doing it

#30
post #8

What's in it for you to start the project of fighting Google's lawyers on this? I think it's great that you point this out, but I'd consider different ways of creating pressure on them to change their policies. Can you complain to the FCC?

Because I already sent a letter to multiple agencies about it and nothing was done, so the only recourse I have to get them to change their ways is to file it myself or find a class action attorney willing to do it.

Good luck and thanks for holding them accountable.
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