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
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
-and they take this matter very seriously and may investigate and the company may be pursued by the AG, fined, and admonished.
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