Last Sept. I applied for a job at Old Navy and today they sent me a letter saying that someone got my ssn? They said that two computer where stolen and that the information on the computer wasn't encrypted. can i sue then for this and if so how much can i get?
2007-10-01 14:48:00 · 13 answers · asked by babyfaced1987 1 in Politics & Government ➔ Law & Ethics
I'm in the SAME situation! In fact I came on here to ask the same thing. I'm sorry, but I want to sue the **** out of them.
1) I called Old Navy to inquire as to when a good time was to come down and fill out an application. They told me that you CANNOT apply in person you HAVE to do it online. So I did. I saw that the site was secure, and GAP had a message blip up that said that any information I provided to them would be encrypted on their server and any other servers that they use.
2) One year of credit monitoring isn't going to help at all. These creeps have my personal information forever. Not just a year. So if they are going to do anything with it, they will wait until after the year is up and then go after people.
3) Credit monitoring isn't the tell all and be all of protecting your identity. It's a small portion of that. There is NO way for me or anyone else to know if my social security number is on a list of numbers to be sold to illegal immigrants to get drivers licenses, or jobs. Should one of those illegals get a job using my social security number and DON'T pay taxes - who is the IRS going to go after for tax evasion? ME!
3) The GAP promised to keep my identity safe. They did not. Their vendor did not. NO ONE bothered to keep my identity protected, contrary to their corporate policy and the policy that is on the website.
4) If the GAP is entitled to 500 million dollars, which is the settlement that the vendor paid to them, I should be able to in turn sue the GAP for 2 million dollars for gross negligence and invasion of my privacy. I can't put a price tag on my identity but if I had to... it would be 2 million dollars.
So... I feel your pain and I'm in the process of getting an attorney now - as I fell all 799,999 others should do as well and bankrupt those corporate jerks for all I care. If they can do whatever they want with whatever information they want to do it with then so should I!
2007-10-05 04:29:35 · answer #1 · answered by Anonymous · 0⤊ 0⤋
I feel very disappointed too about what happened. So upset that I couldn't do anything. Of course Gap is going to cover their b**t off by saying that they believe the information on the laptops wasn't the target but the thief only wants a new computer. Come on! Who would believe that?! And here we are left with nothing but worries. We are left with responsibilities that we have to do to "try" to safeguard our personal information. And all they can offer is a 12-month credit monitoring assistance. Like that's the cost of having so much worries. I mean, that wouldn't even make up to the headache GAP has given the applicants! Might not even enough to buy headache medicine! Now I do not know where to start, if I have to have my SSN replaced first, call each and every credit card company or financial institution I have, so on and so forth. How irresponsible they are!
2016-03-19 03:28:15 · answer #2 · answered by Anonymous · 0⤊ 0⤋
My wife received that letter from Gap Inc. today...
being the skeptic that I am, i think it might be a scam to give you a free year and then charge you afterwards... kind of a backwards marketing scheme for Experian.
I am still researching this and will call Gap Inc headquarters tomorrow to verify.
2007-10-01 20:23:29 · answer #3 · answered by James W 1 · 0⤊ 0⤋
Consult an attorney in your area.
*If* you sustain any damages as a result of their negligence,
*and*
*If* there is in your area a legal requirement that employers and potential employers use reasonable safeguards (e.g., encrypted data) for personally identifying information such as SSNs,
then yes, you can sue, and you may be able to recover.
The amount is entirely a function of damages. Have you checked your credit reports yet? Before breathing too heavily at the potential for litigation, you may wish to engage in some preventative measures...
2007-10-01 14:58:45 · answer #4 · answered by snowbaal 5 · 1⤊ 0⤋
Probably not. They are not at fault, the person who stole the computer is.
They are required to take due care in protecting your information, but theft would be out of their control. I'm sure they didn't want their stuff stolen either.
As far as damages, there are none at this point. Even if you could prove negligence, you would still have to prove you suffered damages. Until someone uses your SSN, you are not a victim.
You should keep an eye on your credit report, that will be the quickest way to see if you get your SSN stolen.
2007-10-01 14:51:01 · answer #5 · answered by trooper3316 7 · 3⤊ 1⤋
You can probably take them to court, as they neglected to safely guard your private information. But, you have problems.
As of today, you have no damages, so going to small claims court is out of question. You have to go to higher courts, which pretty much means you need attorneys.
Are you able to afford attorney? You'll have to talk to one first, but if they don't want to take your case, you'll have to pay them hourly, which will quickly run into thousands, and don't forget, the company has far more money to fight you than for you to fight them.
If you are thinking this as your ticket for free money (sounds like it by looking at the way you phrased your question), I'd suggest you rethink it. At least, talk to an attorney and inquire. Usually, many of them provides first hour free for potential clients.
Once you have damages, you could take them to small claims court. At SCC, you just need to state your case yourself, and show the damages. (it has to be in dollar amount, not emotional damages).
2007-10-01 15:01:51 · answer #6 · answered by tkquestion 7 · 0⤊ 0⤋
No you cannot likely sue. They gave you notice of the possiblity of your SSN being stolen. Thus, they mitigated any possible damages to you. The notice (probably drafted by their legal department) to you was enough to shift the burden to you to monitor your own credit history for breaches. YOu should provide the letter to the credit reporting agencies and ask for copies of your credit reports. The possible breach may entitle you to free reports or you can get them free if you have not already received a free credit report this year (the law entitles you to a free annual credit report....do it!
2007-10-01 15:05:46 · answer #7 · answered by ironjag 5 · 0⤊ 0⤋
Only if they promised to protect it. If there was no agreement for them to encrypt it, I'm afraid you've got a pretty weak case. Tough beans.
2007-10-01 14:51:12 · answer #8 · answered by Carrots and bunnies 4 · 2⤊ 0⤋
You shouldn't try to sue them...so many people are trying to get money the easy way nowadays....Karma: what goes around comes around...it's not cool to do...
2007-10-01 14:56:45 · answer #9 · answered by curiousgirl 2 · 0⤊ 3⤋
I was wondering the same question too yesterday
2016-08-26 01:17:37 · answer #10 · answered by Anonymous · 0⤊ 0⤋