"In both cases, Adidas and the NBA were given leave by the courts to run the cases ex parte — without a requirement for all parties in the case to be present. " Wait, what? I thought habeas corpus was a thing in the US?
This isn't a criminal trial.
Byron Bay data breach victim told to pay Adidas, NBA $1.2M by US courts
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Re: Byron Bay data breach victim told to pay Adidas, NBA $1.2M by US courts
#52Earlier quoted context omitted.
That was my first thought too. Perhaps companies can't easily differentiate between cases of stolen identity and cases where a bad actor claims their identity was stolen.
Maybe I misread but if they were Exparte, were they implying she wasn't there and it's possible all these verdicts were handed down without any of her input? In that case the companies may not / wouldn't know? Either way still a horrible situation.
Ex parte just means it’s an emergency and you need the court to move fast
Re: Byron Bay data breach victim told to pay Adidas, NBA $1.2M by US courts
#53Situations like these keep bringing me back to the idea that important actions should require an actual, in person, human notary seal. Contract signings, online court service, title changes, etc should not be valid without an offline record examiner who affirms under threat of perjury that the parties involved are who they claim (or are claimed to be).
It’s entirely possible to do this digitally and have it working seamlessly. In Denmark we have a thing called “MitID” (MyID) which is basically a government login and which you can use to sign and also login to all kinds of things that need to confirm your identity (e.g. Phone subscription, taxes, 3DS verification for Credit Card transactions, etc). It’s essentially 2FA, works by the site sending a confirmation to an…
That's the thing I don't understand about people who live in the USA and their absolute hatred towards a National ID system. It would be a political nightmare for them to even suggest anything like that. Even their "new" FedNow service is being as governmental overreach for "reasons".
Re: Byron Bay data breach victim told to pay Adidas, NBA $1.2M by US courts
#54So what do you do in a situation like this? I mean really? Total punisher mode, make other judges think twice and sacrifice yourself?
She’s an Australian and the US and Australia do not have reciprocal agreements to enforce civil cases. She’s probably best off contesting that the US court has no jurisdiction over Australian citizens.
Re: Byron Bay data breach victim told to pay Adidas, NBA $1.2M by US courts
#55> In court documents seen by the ABC, default judgements were handed down by the US courts and damages were awarded against Ms Luke of $US200,000 ($293,000) in the NBA case and $US1million ($1.5 million) in the Adidas matter. Can we see these documents?
See point 3 on page 4 here: https://storage.courtlistener.com/recap/gov.uscourts.flsd.62...
Re: Byron Bay data breach victim told to pay Adidas, NBA $1.2M by US courts
#56This is absurd. This is just as much as indictment of ridiculous American courts as it is the corporations prosecuting such a case. What is happening in that clown country that a civil case against a person who wasn't even involved in the infraction can be judged liable when they are not even present to defend themselves? America is a bully nation.
In the US property rights trump most other considerations, and courts are often biased in favor of property owners. Drivers frequently ignore cyclists and pedestrians, because they feel the road belongs to them, and to some extent the larger and fancier the vehicle the more carelessly they drive. Commercial drivers, who typically don't own the vehicle but can easily lose their commercial driving license, tend to be m…
Drivers of nicer vehicles actually drive better around cyclists as they are incentivized to not acquire dents and scratches in their precious. It's the hoopty drivers who DGAF about damage and are likely most ignorant of their legal obligations who are the biggest threat.
Re: Byron Bay data breach victim told to pay Adidas, NBA $1.2M by US courts
#57Situations like these keep bringing me back to the idea that important actions should require an actual, in person, human notary seal. Contract signings, online court service, title changes, etc should not be valid without an offline record examiner who affirms under threat of perjury that the parties involved are who they claim (or are claimed to be).
Some countries/jurisdictions do exactly that, and trust me, it's a massive pain in the ass. Would you really want to visit a notary just to set up an eBay account? Because that's what you're proposing. The existing system isn't foolproof but, by and large, it works perfectly well. If the transactions in TFA truly were fraudulent, no court is going to hold her liable. The bigger problem here is a US court being happy…
Well, acktually...
I just tried to set up an eBay account to buy an exhaust part. I created the account, sent the seller a message and twenty minutes later, I got a notification from eBay that I (and anyone from my household) was permanently banned because I was a "threat to the eBay community".
I haven't been on eBay for ages, and as far as I know, was certainly never threatening to anyone on or off eBay. Nobody at eBay would tell me what had gone wrong -- in fact, as soon as I asked what the problem was, they said that they had to "end the call now".
Maybe if I had signed up in person, they could let me know what crimes I'm supposed to have committed or at least save me a hour by not allowing the signup in the first place.
Re: Byron Bay data breach victim told to pay Adidas, NBA $1.2M by US courts
#58>She was then served electronically with papers from the US District Court of Florida outlining Adidas' case against her. I don't get it, based on this[1] it looks like electronic service is only possible if the party consented. That seems fairly reasonable. How would this have happened? Is there more to this? The docket for this case is here: https://www.courtlistener.com/docket/66634655/adidas-ag-v-th... . I'd be v…
Jesus.. It's really bleak. It's mostly a link to this website:
https://servingnotice.com/Da29d1x/index.html
Apparently "Serving Notice dot com" is sufficient to say someone has been served?
I downloaded the Pacer documents with Recap enabled so you should be able to see them on the CourtListener website.
Re: Byron Bay data breach victim told to pay Adidas, NBA $1.2M by US courts
#59Earlier quoted context omitted.
I don’t understand what the companies hope to gain out of this aside from loads of bad publicity?
I expect they want a judgement for a specific damage, then when they can’t collect they have insurance to cover that specific amount. Without a judgement for an amount, their insurance would pay out a lesser amount.
Then I assume that the woman they harassed will get a cut of the insurance money for the unnecessary stress they endured?
Otherwise the court should just throw this out. It’s only 1.2m.
Re: Byron Bay data breach victim told to pay Adidas, NBA $1.2M by US courts
#60So what do you do in a situation like this? I mean really? Total punisher mode, make other judges think twice and sacrifice yourself?
Hire a lawyer and get it sorted out pretty easily, I would think.
Right because if some idiots in a country where you've never been get their paperwork wrong it should bankrupt you... Note that you're effectively arguing for your own book here, this shouldn't require a lawyer and it should have never gotten this far.