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William & Mary Business Law Review

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Secure My Data Or Pay The Price: Consumer Remedy For The Negligent Enablement Of Data Breach, John A. Fisher Feb 2013

Secure My Data Or Pay The Price: Consumer Remedy For The Negligent Enablement Of Data Breach, John A. Fisher

William & Mary Business Law Review

Every time we swipe our debit cards, pay our bills online, or sign up for a service like Netflix, we are entrusting important identifying information to the companies with which we do business. Most of the time, those companies take seriously the obligation to protect our data and prevent it from falling into the hands of those who would use it to benefit themselves at our expense. Some companies, however, fail to do enough to meet that burden, making it easier for identity thieves to inflict personal and financial injury on consumers. To date, our legal system has essentially denied …