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Expert Analysis

Hulu Hoops: Damages Theories In Recent Privacy Cases

Law360, New York (February 4, 2014, 12:34 PM EST) -- Imagine you are in the mall, and you overhear an interaction between a clerk and another shopper. The clerk asks to see a driver's license to verify their identity. The clerk then remarks, "Your age makes you eligible for our senior discount — you get 10 percent off on this order!" The shopper, aghast, threatens to sue the store. It's seemingly an empty threat — you can't sue without being hurt, right? According to a California magistrate judge, that's not necessarily true — at least in the context of privacy lawsuits. And as the number of privacy suits continue to skyrocket, that means the cost of doing business is about to go up....

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