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Ely
Ely, Counselor at Law
Category: Legal
Satisfied Customers: 86367
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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If a very large company with whom I have an agreement, breaches

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If a very large company with whom I have an agreement, breaches my privacy and that of my clients by allowing an individual to access my account and make changes without my knowledge thereby locking me out of my account and they in-turn have complete and total access to all of my information. She made changes and contacted me herself that they gave her my account and she made changes. She found my number by going into my info and called me herself from another state.
Submitted: 11 months ago.
Category: Legal
Expert:  Ely replied 11 months ago.
Hello friend. My name is XXXXX XXXXX welcome to JustAnswer. Please note: (1) this is general information only, not legal advice, and, (2) there may be a slight delay between your follow ups and my replies.

I am sorry for your situation. Can you please tell me:

1) What kind of an agreement do you have with the company?
2) How is the individual related?
3) What kind of account was accessed?
4) What data did they find and what changes wre made?
5) Why did they allow them to access the account?

In other words, can you please be a more specific as to the nuances of the matter?

This is not an answer, but an Information Request. I need this information to answer your question. Please reply, so I can answer your question. Thank you in advance.
Customer: replied 11 months ago.


I singed an online agrmt such as the terms and agreement that I accept.


The individual is not related never met her or spoke with her. She has the same name as me though


She called the company and advised that she could not get into her account and they asked for her name. She gave it, and without any other questions they asked her if her email address is ..... she said possibly, I have about 15 so don't know if that is the one I used with your company. They said ok and changed the password XXXXX gave her my account over the phone in 3 minutes. No security questions asked or nothing. This company is so very very big.


She found my home address, my phone number, my credit card info all of my clients information that is stored there. sensitive info credit card numbers, paystubs tax returns etc.


Because she has the same name as me..but nothing else


 

Expert:  Ely replied 11 months ago.
Thank you, J.

Has she used that information to her advantage in any way? Has she stolen the information? Hurt your clients or you?
Customer: replied 11 months ago.


She says no, but what if something comes up in a year. I cannot be sure


 

Customer: replied 11 months ago.


Not that I know of at this time.


She was very nice and did contact me, but now


the company is not telling me how this happened and the outsourcing man from India (I assume) is saying that they have strict policy issues about privacy and I might have given her my email address or password.


 


I cannot predict the future or she copied anything, I don't think so, but what if...I do not know. My personal information was given to someone I do not know. Must there be damages first? Took 3 minutes for them to change the account and 3 hours to fix it over the phone.


 


I just feel that their security was lax for such a large company that is used by millions

Expert:  Ely replied 11 months ago.
Thank you, J. I am typing out your answer now; apologies in advance for the wait...
Customer: replied 11 months ago.


Ok just questioning, and if anything would happen, I work from home and could lose my job. I know we cannot work on what if's but in the wrong hands this is a very bad situation.


 


Also, please do not publish this question on the site.

Customer: replied 11 months ago.


Are you still replying?

Expert:  Ely replied 11 months ago.
Thank you, J.

To sue in a state court, one needs to have a "cause of action." There are numerous causes of action, such as "breach of contract," "negligence," "fraud," "unjust enrichment," etc., as well as causes of action rooted in statutory law. Every state has their own although they are very similar to each other in every state.

The issue is that almost every cause of action requires damages. Here, the closest action that fits is negligence, and it too requires damages -

NEGLIGENCE: duty, breach, causation, and damages. Bailey v. Tucker, 621 A. 2d 108 - Pa: Supreme Court 1993.

They let her access your account. But no damages have been done (yet). The legal system is not set up to punish someone for what could happen, but only what did happen.

Now, you may demand compensation if you decide to let all your customers/clients know of the possible breach and to be aware and perhaps take steps to safeguard their identities, and then some leave due to it. If so, then you may sue the company for the loss due to the clients/customers. Also you may sue if he steals your identity. However, you cannot sue at this time.

You can however file a complaint with the Attorney General - here -and they take this matter very seriously and may investigate and the company may be pursued by the AG, fined, and admonished.

Please note: I aim to give you genuine information and not necessarily to tell you only what you wish to hear. Please, rate me on the quality of my information and do not punish me for my honesty. I understand that hearing things less than optimal is not easy, and I empathize.

Gentle Reminder: Please use the REPLY button to keep chatting, or RATE my answer when we are finished. Kindly rate my answer as one of the top three faces and then submit, as this is how I get credit for my time with you. Rating my answer the bottom two faces does not give me credit and reflects poorly on me, even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith. (You may always ask follow ups at no charge after rating.)
Ely, Counselor at Law
Category: Legal
Satisfied Customers: 86367
Experience: Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
Ely and 17 other Legal Specialists are ready to help you
Customer: replied 11 months ago.


so is the two year statute in effect?


last question.


I was a paralegal at one time.


 

Expert:  Ely replied 11 months ago.
J,

so is the two year statute in effect?

The statute of limitations for negligence does begin to run from the time that the action took place. However, if a client/customer leaves later due directly to what happened, then you can possibly argue that the statute "tolled" until that time, and still file suit.

Gentle Reminder: Please use the REPLY button to keep chatting, or RATE and submit your rating when we are finished.
Expert:  Ely replied 11 months ago.
Thank you for your gratuity.

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