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loyallogic · 5 years ago

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Malicious Prosecution- A comparative analysis of the position in England and India

This article is written by Anshika Gubrele, second-year BA LLB student at Bharati Vidyapeeth New Law College, Pune. In this article, she discusses the concept of Malicious Prosecution and its position in England and India. The author has also laid emphasis on the laws related to Malicious Prosecution in both the countries and discussed the important case laws related to it.

Introduction

With the continuous evolution of various legal systems across the globe, the noxious and malicious elements have also materialized themselves strongly and have continued. Their aim of launching attacks to weaken the legal machinery, by embarking upon them.

The tort of malicious prosecution is one such development which has spread its roots into the legal systems and has at times made it look like it is not the legal system which is good enough to deal with issues of such magnitude. Even though the adversarial procedure of the court hearing demands that facts be produced along with justification which in the legal sense would be deemed as enough for supporting the cause. Even if after scrutiny of such facts the bench or the magistrate dismisses the claim, measurable damage has already been done.

As it is an established fact that society punishes an individual more than the law, it is more evidently seen in issues of this nature where the victim of such suit (defendant in original suit) faces stigmatization in every sphere. Though over the years the courts of UK have come up with remedies and various provisions, courts in India are still busy dealing with a backlog of such cases, because of which any concrete, as well as an effective way, has failed to materialise itself in the legal system.

What do you mean by the term” Malicious Prosecution”?

The term ‘Malice’ in common parlance means ill-will against a person. In the legal sense, it refers to a “wrongful act done intentionally without just cause or excuse.” The term prosecution means “ a proceeding in a court of law charging a person with a crime”.

‘Malicious Prosecution’ means” a prosecution on a charge of crime, which is willful, wanton or reckless or against the prosecutor’s sense of duty and right.”

Concept of Malicious Prosecution

Settling tools or as to bring someone down to the negotiation table to obtain pecuniary benefits. The prominent and most common of all the remedies for such a victim are cross suits claiming damages for initiation of a malicious suit. Such suits have become prominent and to name a few can be seen in the recognition of the tort of malicious prosecution has been done to act as a safeguard for individuals, dealings with such claims which are known to the complainant as false and are mostly based on wrongful motive. Such suits have commonly come into play and are mostly seen as score cases of medical malpractice, suits under criminal offences, punishment for which is penal in nature and a few suits under various other acts.

A defendant (plaintiff in the original suit) must prove reasonability in filing such suits and, must provide such facts which would have led any person in his place acting rationally to come to the same conclusion as he came upon when he filed the suit. A person while bringing forward a suit claiming damages for suit filed maliciously must prove that he was acquitted by a competent court and the filing of such suit was done by the original plaintiff (defendant in this case) without any reasonable and probable cause.

While the question of probable cause arises, a defendant cannot claim that he initiated prosecution under the order of a competent body which itself was moved by the intel provided by such individual, for the cause of justice would be defeated and any person claiming so could evade the law and simply walk away. However, a person acting upon the information provided to him by any competitive person, if acts on such advice and files a suit, he would not be held liable for, the element of malice was absent and anyone in his shoes would have acted similarly upon presentation of such facts before him.

In cases where there was suspicion, of cognizable offence this, however, would not be a good cause of action as suspicion and claim must be differentiated the former being based on facts which would have led any person to believe in possibility and not outright presence of guilt. Determination of the fact, who the prosecutor is, essential while bringing a cross suit claiming damages for such prosecution. A prosecutor is that person who set the law in motion, it can be an ordinary person, an individual associated with the administration or for instance police, or even a magistrate but, the rationale isn’t who proceeded but who was it that instigated or initiated the claim. A judicial authority can only be said to be a prosecutor when it can be proved without any doubt that he had knowledge that the claims were false or he had an element of disbelief in relation to the facts of the case but still proceeded with it.

A person can however, be deemed to be a prosecutor when he filed a suit alleging such facts which he had reason to believe are not substantially true and based on those facts the magistrate ordered a probe and the defendant in that suit was prosecuted. A point must be clearly understood that the mere filing of a complaint viciously would not usually amount to the tort of malicious prosecution if, the magistrate dismisses the complaint as disclosing that to be no offence, this wouldn’t be a prosecution but a failed attempt to set the criminal law into motion.

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As has been outlined in the case of Mohammed Amin V. Jogendra Kumar it would be a prosecution when the Magistrate takes cognizance of the complaint which then is followed by an examination of such complaint by means of inquiry in open court under sec 202 of CrPC the prosecution is deemed to have commenced. Various courts across the globe have had their views of what can be called as a prosecution which has not been solved but further added up to the pre-existing ambiguities regarding the same.

The Bombay High Court in Ahmedbhai V. Framji observed the commencement of prosecution shall be deemed to have begun not when the magistrate takes cognizance and acts as per the provisions but, when he is approached, and a complaint has been made maliciously with a view of such a complaint being entertained by such magistrate. However, a prosecution cannot be said to have been initiated unless there have been processes issued by the magistrate with respect to such a complaint, which too has been affirmed by the Calcutta and the Madras High Court.

For a successful claim for damages of malicious prosecution, it has been held by the courts that the original prosecution must have been for an offence which is criminal in nature and which is punishable by imprisonment and fine or both. This has been a drawback of the legal system of India, which has failed to acknowledge the fact that multiple times there is enough damage caused to the individual’s repute even though the prosecution is for a civil wrong, but the courts in India have ruled out that possibility in various instances. This development has been seen in England that irrespective of the nature of the complaint, whether it is one of criminal or civil nature, a suit for malicious prosecution will be maintainable.

However, for a suit which is demanding damages for malicious prosecution for a civil complaint, the plaintiff would have to show special damages which were incurred by him in maintenance of such suit against him. This has again been held in a recent English case that it would not be just a limitation of law for nor being able to maintain such suits claiming damages for a suit filed maliciously under any civil act, but it would be severely unjust on behalf of the victim of such suit.

Time and again the needs have been voiced for the recognition of claims for a suit filed maliciously under civil laws but, neither the judiciary nor the law-making body has taken steps to address such problems being faced by the public at large. England has been updating its laws as per the time demands but, the laws in India are nowhere near what could be called a competent law to deal with such claim.

What are the essentials required to constitute Malicious Prosecution?

In an action for malicious prosecution, the plaintiff has to prove that –

He was prosecuted by the defendant.

The defendant acted without reasonable and probable cause.

The defendant was actuated with malice

He (the plaintiff) was acquitted

He (the plaintiff) suffered damage.

Prosecution– The plaintiff has to prove that the defendant instituted a false criminal proceeding against him before a judicial, quasi-judicial authority or a tribunal.

Without reasonable and probable cause– The plaintiff has to prove that the defendant prosecuted him without reasonable and probable cause.

Malice– The plaintiff has to prove that there was malicious intent on the part of the defendant in instituting criminal proceedings against him.

Acquittal or Termination of criminal proceedings– The plaintiff has to prove that the criminal proceedings against him were terminated and he was acquitted. An action for malicious prosecution cannot be maintained if the plaintiff is convicted.

Damage– The plaintiff has to prove that he suffered loss or damage or injury as a consequence of the prosecution complained of (by the defendant). The damage may be with reference to the plaintiff’s person or property or reputation.

Illustration- A makes a false complaint against B, alleging that B had committed theft with a view to compel B to deliver some property to him. Here A is liable for Malicious Prosecution.

How Malicious Prosecution can be distinguished from False Imprisonment?

False Imprisonment

It imposes total restraint upon the personal liberty of a person. It is procured by a private individual or by an authorised official by asserting legal authority and is prima facie, a tort. There need not be any proof or malice on the part of the defendant.

Malicious Prosecution

It does not impose total restraint upon a person. It is procured by judgment or judicial order.

It is not a tort by itself. Further, in the case of Malicious Prosecution, the plaintiff has to prove malice on the part of the defendant which is not a case in false imprisonment.

Position in England

Until recently, defendants who were successful in defending a malicious claim, the nature of which was civil, did not have any redress. The rationale reiterated by the bench while passing the judgements used to be that the successful defence of a claim merely should not give someone a cause of action for claiming damages for that suit being malicious in nature and filed without any reasonable belief, just to make the defendant undergo ordeals. A person usually has remedies if the suit filed was criminal in nature as such a suit had potential to cause calculable and graver damages to someone’s goodwill and lower his image in the eyes of such members of the society who considered such individual a person of good virtue. This is not something new, rather it has been done on numerous occasions when the ambit of the tort was widened, one such instance is a suit filed under the Companies Act 1862 which shall be further reviewed for a better understanding of how the tort evolved in England.

In, The Quartz Hill Consolidated and Gold Mining Company, the facts were that the defendant, a shareholder in the plaintiff company and approached a broker to sell the shares owned by him for which the deed was duly signed by him and handed over to the said brokers. The shares could not be sold for some reasons and the defendant was informed of the same, however, the papers of transfer were not returned to him. Based on this fact he filed a suit after waiting for around 10 days for winding up the company and cited reasons of incompetence. The defendant was an owner of 100 shares of the firm each of whose value was 1 pound, but the valuation at the time of the sale of the shares fell to approximately 1/3 of it. The defendant claimed in the London Gazette that the company was offering properties in Colorado, United States of America for much more than their actual valuation in order to benefit from it and gain a promotion in the market. It was also alleged that their prospectus falsely claimed that the mining ventures they were putting up for sale was too valuable and would be a good investment for someone.

Later, the person was informed that the shares had been sold and hence he ceased to be a shareholder in that company to which he responded by sending a notice to the court requesting the dismissal of the suit filed by him which was eventually dismissed by the courts at no extra cost. This had an adverse effect on the business of the company and it hit a further low of 30% as the article published by the defendant brought disrepute to the firm and also, it went on to lose the trust of the investors owing to such articles defaming the company. Hence, they brought a suit against the defendants for wrongfully and maliciously filing a claim under the companies act which resulted in loss of business.

This being a suit of civil nature the remedies were limited, and the court held at first that no damages could be awarded and negated the claim keeping these parameters in mind firstly, there was no evidence which could show special damages secondly, there was no evidence of malice on the part of the prosecutor and thirdly, no action of this kind could possibly lie under any such circumstances. However, a suit would probably lie under a claim alleging a claim which was brought forward wrongfully but the above-mentioned parameters were not one of those. It was proved beyond doubt that there was some mismanagement in the affairs of the company and these circumstances are grounds which are enough as to the situation in which the defendant was as he bona fide brought forward this claim and not under any ill will.

It might be argued that mistake of fact is not an excuse under such a claim, but it can also be argued that there was an absence of an intention to injure the plaintiff company which for a suit of such nature to succeed is a prime requisite. Under this when a suit is dismissed a judge might award a company nominal damages as per the act. This claim resembled the want of adjudication under The Bankruptcy Act 1869 and as it was an analogous claim to one under the bankruptcy act, it would be maintainable. Any person who wrongfully sets either criminal or civil law in motion viciously shall be deemed as liable.

The court said it was vexatious for someone to bring a suit against someone just because the company had failed in the objective for which it was originally formed. The bench citing various other reasons dismissed the suit as not good enough to be granted any damages for maliciously filing a suit for winding up the company. Although the court held the defendant liable for bringing a suit on unreasonable grounds which injured the credit of the company the bench in unanimity rejected a claim to award special damages to the firm as they could not after thorough inspection not conclude that liability to pay any extra cost could be a ground for legal damage

Position in India

There are provisions in India for dealing with malicious proceedings of only criminal suits and a claimant usually has no remedies if such proceedings were instituted under any civil law other than any Municipality Act. As has been seen in England cases of such a nature are given a greater degree of importance, the backlog of cases and other drawbacks such as ways those are not only illegitimate but also draw a calculable degree of mockery on the legal system itself. Such cases drag for years and sometimes decades and the ordeal of the claimant turns out to become graver as time passes and he/she is left without a remedy but, must bear the expenses in maintenance of suit.

The English legal system has been flexible enough as per the changing times but the conservative approach of Indian lawmakers hasn’t really worked out for the public good as there are still no remedies for such civil claims which defame the person and one can only claim for damages when he/she can show such damages which in the eyes of the court would be called as special damage which should be causa causans of the complained act. The rationale of prosecution is a bit different than that in England, it is deemed to be a prosecution when it has reached a stage where calculable damage has been caused to the party defending that suit. For a detailed insight into the concept, we reviewed a judgement by the Calcutta High court which later went on to be cited while deciding many other cases.

In Mohamed Amin V. Jogendra Kumar Banerjee and others agreement was entered upon by the appellant and the first respondent for sale of a few commodities to a company which was to be formed by the first respondent. In the process, the first respondent incorporated a second respondent for carrying out the purchase and half of the agreed goods were transferred by the appellant. Later it was discovered that the respondent had breached the terms of the agreement which was entered upon, as a result of which the appellant refused to honour it and did not transfer the remaining goods. As a result of which the second respondent acting in his personal capacity and on behalf of the other respondent filed a suit under section 405, 420, and 422 of the Indian Penal Code and demanded that he be answerable to such charges. The magistrate held an inquiry in an open court attended by the appellant and dismissed the claim stating there is no cheating committed in this case and breach which exists is of purely civil nature.

The appellant brought forward a suit for malicious institution of criminal proceedings against him, to which the judge affirmed but observed the bench must stick to an earlier judgement by The High Court of Judicature of Calcutta in Golap Jann V. Bholanath khettry where it was observed that it cannot be deemed as prosecution if there is no issue of any processes or where the complaint was dismissed by the magistrate upon inspection of the complaint, citing the above precedent the claim of the appellant was dismissed which the bench observed to be rightly decided.

How can India deal with malicious suits?

As it has been observed in England, how voids were filled in the landmark case of Willers V. Joyce, similar steps can be taken in India as well. The judges have the independence of evolving new laws or filling voids in between the existing laws which might turn obsolete as time passes. Law is a living entity and like all other living entities, it cannot remain the same and must go through a state of transition when the society needs it to. In India suits nature of which are malicious are mostly criminal and an absence of remedies for a suit filed maliciously under civil laws is of least concern over here but the laws governing the suits of criminal proceedings are also insufficient. One such example is poorly drafted women laws. Many women till date have capriciously filed suits to obtain benefits but the victim of such suits has got no remedy.

The Indian legal system has over the time failed to address actual authentic cases and this can only be changed if the judges while deciding a case leave their conservative approach behind and evolve laws of which they have got absolute discretion. The courts must stop revisiting the incongruous judgements and turn towards framing new laws as per the changing time demands. One such instance can be discarding the doctrine which defines what can be called as a prosecution as it always differs from case to case, for instance in a suit inquiry might inflict sufficient amount of insult onto someone and successfully bring down their image whereas, in another case a complaint itself might have a potential to bring harm to someone’s reputation in the society of which such individual is an inhabitant. Not only should remedies be a concern for the courts’ measures such as taken by China must be taken wherein a person filing a suit of which he has knowledge to be false is heavily fined and such individual is also then barred from appealing to the court for a substantial amount of time.

Indian lawmakers should plan on setting up a Criminal Cases Review Commission as has been set up by the United Kingdom for review of criminal cases to discover whether there has been miscarriage of justice. The commission works exclusively for ascertaining if there has been miscarriage of justice in cases by scrutinizing the facts and upon finding such a scenario where there is sufficient proof endorsing a claim where justice has not been delivered in the way it should be those cases, are then referred for appeal along with their reports.

Though there have been observations made by the apex court on several occasions while dealing cases of malicious prosecution where justice has not been delivered yet, the lawmakers have failed over and over again to capitalise on that fact and has miserably failed to come up with a legislation or for the instance even amendments which would serve for the cause in the short run and at the same time is used to frame relevant laws by conducting further research as to what is best suited to the legal system of India. It is often blamed on the courts when such fiascos occur but, if one analysis carefully it is the authority charged with carrying out such investigation, neglect on whose part has amounted to perversity and on the contrary have paved the way for forces which are gaining an upper hand for more such fiascos.

There has been a flagrant violation of the idea of natural justice as all these attempts to set the law in motion wrongfully to satisfy their plebeian selves and are going unpunished as the redresses available to the victims are not only scarce but also outrightly inefficient. The perpetual instances have been alarming enough and the need is now being felt more than ever before for competent legislation, which would deal with such acts.

Conclusion

The recognition of the tort of malicious prosecution has been done to safeguard individual interests, dealings with such claims which are known to the complainant as false and are mostly based on wrongful motive. The malicious suits which have been on the rise, in absence of a concrete legislative framework which could help arrest, these trends where the legal procedure is being abused in order to gain wrongful benefit by subjecting parties to suits which are filed with a capricious intention. As there are no legal provisions which exclusively deal with such cases where there has been a miscarriage of justice, the article has scrutinized the legislative framework of England and also the approach of the courts over there, when it comes to dealing with those suits.

Bibliography

Bangia, RK (2017). Law of torts, 24th edition.

Ratanlal & Dhirajlal (2016). Chapter XIII. Law of torts, 26th edition.

Hay, Douglas C (1989). Prosecution and Power: malicious prosecution in English courts, 1750-1850

Goudkamp, James (2017). A tort is born: a practical perspective of the tort of malicious prosecution of civil proceedings.

SCC Online, http://bit.ly/2lJXWM2

Law Commission of India (2017) report 277: wrongful prosecution (miscarriage of justice)- remedies.

Kisner, Pearl (1976). Malicious Prosecution: an effective attack on spurious medical malpractice claims.

Harper, Fowler v. (1937). Malicious Prosecution, False Imprisonment and Defamation.

Mallen, Ronald E (1979). An attorney’s liability for malicious prosecution: a misunderstood tort.

Byrd, Robert G (1969). Malicious prosecution in North Carolina.

Okpaluba, C (2013). Reasonable and probable cause in law of malicious prosecution: A review of South African and Commonwealth decisions.

White, AM (1966). Damages for injury to feelings in malicious prosecution and abuse of process.

Garbett, Katherine & Karagoz, Mehmet. Fraud insight: malicious prosecution of civil claims.

Shaw, Malcom N (2017). International law, Cambridge University press.

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toldnews-blog · 6 years ago

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New Post has been published on https://toldnews.com/business/mopping-up-dieselgate-the-woman-transforming-volkswagen/

Mopping up Dieselgate: The woman transforming Volkswagen

Image copyright Volkswagen

Image caption Hiltrud Werner grew up in East Germany, where “more than 90% of the women worked”

Hiltrud Werner knows how to handle rooms full of men.

As the lone woman on Volkswagen’s management board, she is a rarity in the upper echelons of German industry.

Yet her ascent was not the result of an effort to blend in.

Ms Werner’s first appearance in front of an all-male board was less than a decade ago – at a firm she declines to name – and it was a memorable one.

“I got a very nice email that said: ‘Please Hiltrud, wear trousers, they are not used to skirts in the boardroom,'” she recalls with a playful grin.

“Of course, I came in a pink dress.”

The 52-year-old joined Volkswagen’s board in February 2017, at one of the most turbulent moments in the carmaker’s history. As head of integrity, she was charged with putting VW’s house in order, and reforming a corporate culture which turned a blind eye to the widespread cheating of diesel-emissions tests.

In the German press, she is often portrayed as a matron-like figure, hired to clean up a mess made by men who should have known better. It is a characterisation she dislikes – noting that women are among those charged in the various “Dieselgate” investigations.

However, it is hard to overlook the irony of the appointment: when a woman finally got to the top of VW, she was handed a poisoned chalice.

Image copyright Reuters

Image caption Volkswagen is in the process of repairing the damage to its brand

Ms Werner says she considered it an “honour” to be asked to oversee VW’s turnaround, but she is under no illusions about the scale of the task. To date, the diesel emissions scandal has cost Volkswagen roughly €28bn, ($31bn; £24bn) and her prediction is that 2019 will be the firm’s “most difficult year” ever.

The pressure on her is not just internal. Her efforts are being closely scrutinised by the court-appointed monitor Larry Thompson, a former US Attorney General who worked on the prosecutions of Enron executives, and whose task it is to evaluate whether the group’s ethics programmes are robust enough to prevent further criminal activity.

Since Ms Werner’s interview for this piece, the company has faced further negative headlines. Its chief executive, Herbert Diess, apologised for evoking a Nazi slogan, while American regulators filed suit against VW, claiming it misled investors in the run-up to Dieselgate.

“We are still busy with the root cause analysis,” Ms Werner explains. The origins of the Dieselgate scandal, she maintains, are “complex” but that VW felt it was “too big to fail” and there was not enough self reflection, employees thought what they did “in the context of the company, was good”.

To try to remedy that, Ms Werner and her team have rewritten the job specifications for more than 2,000 people, “to make sure that roles and responsibilities are clear and that everyone understands what their obligations are”.

Image copyright Getty Images

Image caption Germany needs to reflect on how it views women in business, says Ms Werner

But she is not content with challenging the culture of one of Germany’s largest companies, and has her sights set on transforming her compatriots’ attitudes to women in power.

That task may prove to be even more daunting: Germany, as she points out, was one of last developed economies to get an anti-discrimination law, in 2006. At the time of writing, not a single one of German’s top 30 firms has a female chief executive.

The Reykjavik Index, a survey of 10,000 people across the G7 group of nations, found that only 29% of Germans would feel very comfortable having a woman at the helm of a major company. (For comparison, almost 60% of British respondents were very comfortable with the concept. One theory is that austerity has forced more women into work in the UK, which in turn led to greater cultural acceptance.)

Many of Ms Werner’s fellow corporate leaders do not grasp the scale of Germany’s problem. When touring other companies’ offices, she says, executives sometime say: “Oh you know what, we did really well, we’ve got a woman on the board.”

Image copyright VW

Image caption Germany’s car industry is still male-dominated

When she appears in public in Germany calling for equal pay and equal opportunities, “people think I’m the chief human resources officer”, she says. In other words, they don’t see her cause as being central to a company’s overall governance.

The lack of progress within German business is in stark contrast to the country’s political arena. Angela Merkel is in her 14th year as chancellor. Her most likely successor, Annegret Kramp-Karrenbauer, is a woman, as is Andrea Nahles, who leads the main opposition party, the SPD.

Hiltrud Werner and Angela Merkel have something in common – both were brought up in East Germany, a country, Ms Werner points out, in which “more than 90% of the women worked”.

With some sympathy, she recalls how Mrs Merkel was publicly dismissed by her predecessor, Gerhard Schroeder, in the immediate aftermath of her first win in 2005. But she is critical of the way in which the chancellor went about winning over her critics.

Image copyright Getty Images

Image caption VW’s headquarters are being closely scrutinised by a US monitor

“She has been seen as very gender neutral,” says Ms Werner, adding that Mrs Merkel is “always wearing trousers – boring outfits, you could say”.

Ms Werner makes an effort to do the opposite: “I don’t want to be a woman dressed like a man, I often intentionally come in colourful dresses.”

Not having children has also helped Mrs Merkel overcome German prejudices. “She has never been seen as a working mother that left her kids at home,” says Ms Werner. “She did not experience all the struggles that other women in leading positions feel.

“That’s why we have such a long way still to go in Germany, because the role model is just half a role model.”

Not that Ms Werner is immune to the pressure felt by women in the workplace to please their male peers. At the start of her 28-year career in the car industry, she confesses, she was just “looking for a survival strategy” and taught herself to speak “the language of men” in an attempt to blend in.

Image copyright AFP

Image caption Angela Merkel is “just half a role model”, says Hiltrud Werner

She learned that “if you are asked what car you are driving, and you answer ‘a red one’ then that is wrong”.

Instead she would show colleagues pictures of her particular model – highlighting its engine power and how exhilarating she found it to drive on alpine roads.

This adjustment was a part of “making sure everyone understands that you love the product,” she says.

As VW goes about repairing its reputation, Ms Werner wants the firm’s hundreds of thousands of employees to hear the same message: that she has the car industry’s best interests at heart.

“I have a lot of fuel in my blood,” she says, pausing to acknowledge Volkswagen’s next big bet.

“Maybe in future I will have to say I have some electricity in my blood.”

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endenogatai · 4 years ago

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Oracle and Salesforce hit with GDPR class action lawsuits over cookie tracking consent

The use of third party cookies for ad tracking and targeting by data broker giants Oracle and Salesforce is the focus of class action style litigation announced today in the UK and the Netherlands.

The suits will argue that mass surveillance of Internet users to carry out real-time bidding ad auctions cannot possibly be compatible with strict EU laws around consent to process personal data.

The litigants believe the collective claims could exceed €10BN, should they eventually prevail in their arguments — though such legal actions can take several years to work their way through the courts.

In the UK, the case may also face some legal hurdles given the lack of an established model for pursuing collective damages in cases relating to data rights. Though there are signs that’s changing.

Non-profit foundation, The Privacy Collective, has filed one case today with the District Court of Amsterdam, accusing the two data broker giants of breaching the EU’s General Data Protection Regulation (GDPR) in their processing and sharing of people’s information via third party tracking cookies and other adtech methods.

The Dutch case, which is being led by law-firm bureau Brandeis, is the biggest-ever class action in The Netherlands related to violation of the GDPR — with the claimant foundation representing the interests of all Dutch citizens whose personal data has been used without their consent and knowledge by Oracle and Salesforce.

A similar case is due to be filed later this month at the High Court in London England, which will make reference to the GDPR and the UK’s PECR (Privacy of Electronic Communications Regulation) — the latter governing the use of personal data for marketing communications. The case there is being led by law firm Cadwalader.

Under GDPR, consent for processing EU citizens’ personal data must be informed, specific and freely given. The regulation also confers rights on individuals around their data — such as the ability to receive a copy of their personal information.

It’s those requirements the litigation is focused on, with the cases set to argue that the tech giants’ third party tracking cookies, BlueKai and Krux — trackers that are hosted on scores of popular websites, such as Amazon, Booking.com, Dropbox, Reddit and Spotify to name a few — along with a number of other tracking techniques are being used to misuse Europeans’ data on a massive scale.

Per Oracle marketing materials, its Data Cloud and BlueKai Marketplace provider partners with access to some 2BN global consumer profiles. (Meanwhile, as we reported in June, BlueKai suffered a data breach that exposed billions of those records to the open web.)

While Salesforce claims its marketing cloud ‘interacts’ with more than 3BN browsers and devices monthly.

Both companies have grown their tracking and targeting capabilities via acquisition for years; Oracle bagging BlueKai in 2014 — and Salesforce snaffling Krux in 2016.

In this case, NYT is sharing visitor data with e.g.:

– https://t.co/NMsaCzjhv5, Oracle, claims to have profiles on 2bn consumers – https://t.co/foiigL4T9C: Lotame, claims to have profiles on 3bn users – https://t.co/BCmd8oKDoq: Salesforce DMP, claims to 'interact' with 3bn users

— Wolfie Christl (@WolfieChristl) March 23, 2018

Discussing the lawsuit in a telephone call with TechCrunch, Dr Rebecca Rumbul, class representative and claimant in England & Wales, said: “There is, I think, no way that any normal person can really give informed consent to the way in which their data is going to be processed by the cookies that have been placed by Oracle and Salesforce.

“When you start digging into it there are numerous, fairly pernicious ways in which these cookies can and probably do operate — such as cookie syncing, and the aggregation of personal data — so there’s really, really serious privacy concerns there.”

The real-time-bidding (RTB) process that the pair’s tracking cookies and techniques feed, enabling the background, high velocity trading of profiles of individual web users as they browse in order to run dynamic ad auctions and serve behavioral ads targeting their interests, has, in recent years, been subject to a number of GDPR complaints, including in the UK.

These complaints argue that RTB’s handling of people’s information is a breach of the regulation because it’s inherently insecure to broadcast data to so many other entities — while, conversely, GDPR bakes in a requirement for privacy by design and default.

The UK Information Commissioner’s Office has, meanwhile, accepted for well over a year that adtech has a lawfulness problem. But the regulator has so far sat on its hands, instead of enforcing the law — leaving the complainants dangling. (Last year, Ireland’s DPC opened a formal investigation of Google’s adtech, following a similar complaint, but has yet to issue a single GDPR decision in a cross-border complaint — leading to concerns of an enforcement bottleneck.)

The two lawsuits targeting RTB aren’t focused on the security allegation, per Rumbul, but are mostly concerned with consent and data access rights.

She confirms they opted to litigate rather than trying to try a regulatory complaint route as a way of exercising their rights given the “David vs Goliath” nature of bringing claims against the tech giants in question.

“If I was just one tiny person trying to complaint to Oracle and trying to use the UK Information Commissioner to achieve that… they simply do not have the resources to direct at one complaint from one person against a company like Oracle — in terms of this kind of scale,” Rumbul told TechCrunch.

“In terms of being able to demonstrate harm, that’s quite a lot of work and what you get back in recompense would probably be quite small. It certainly wouldn’t compensate me for the time I would spend on it… Whereas doing it as a representative class action I can represent everyone in the UK that has been affected by this.

“The sums of money then work — in terms of the depths of Oracle’s pockets, the costs of litigation, which are enormous, and the fact that, hopefully, doing it this way, in a very large-scale, very public forum it’s not just about getting money back at the end of it; it’s about trying to achieve more standardized change in the industry.”

“If Salesforce and Oracle are not successful in fighting this then hopefully that send out ripples across the adtech industry as a whole — encouraging those that are using these quite pernicious cookies to change their behaviours,” she added.

The litigation is being funded by Innsworth, a litigation funder which is also funding Walter Merricks’ class action for 46 million consumers against Mastercard in London courts. And the GDPR appears to be helping to change the class action landscape in the UK — as it allows individuals to take private legal action. The framework can also support third parties to bring claims for redress on behalf of individuals. While changes to domestic consumer rights law also appear to be driving class actions.

Commenting in a statement, Ian Garrard, managing director of Innsworth Advisors, said: “The development of class action regimes in the UK and the availability of collective redress in the EU/EEA mean Innsworth can put money to work enabling access to justice for millions of individuals whose personal data has been misused.”

A separate and still ongoing lawsuit in the UK, which is seeking damages from Google on behalf of Safari users whose privacy settings it historically ignored, also looks to have bolstered the prospects of class action style legal actions related to data issues.

While the courts initially tossed the suit last year, the appeals court overturned that ruling — rejecting Google’s argument that UK and EU law requires “proof of causation and consequential damage” in order to bring a claim related to loss of control of data.

The judge said the claimant did not need to prove “pecuniary loss or distress” to recover damages, and also allowed the class to proceed without all the members having the same interest.

Discussing that case, Rumbul suggests a pending final judgement there (likely next year) may have a bearing on whether the lawsuit she’s involved with can be taken forward in the UK.

“I’m very much hoping that the UK judiciary are open to seeing these kind of cases come forward because without these kinds of things as very large class actions it’s almost like closing the door on this whole sphere of litigation. If there’s a legal ruling that says that case can’t go forward and therefore this case can’t go forward I’d be fascinated to understand how the judiciary think we’d have any recourse to these private companies for these kind of actions,” she said.

Asked why the litigation has focused on Oracle and Saleforce, given there are so many firms involved in the adtech pipeline, she said: “I am not saying that they are necessarily the worst or the only companies that are doing this. They are however huge, huge international multimillion-billion dollar companies. And they specifically went out and purchased different bits of adtech software, like BlueKai, in order to bolster their presence in this area — to bolster their own profits.

“This was a strategic business decision that they made to move into this space and become massive players. So in terms of the adtech marketplace they are very, very big players. If they are able to be held to account for this then it will hopefully change the industry as a whole. It will hopefully reduce the places to hide for the other more pernicious cookie manufacturers out there. And obviously they have huge, huge revenues so in terms of targeting people who are doing a lot of harm and that can afford to compensate people these are the right companies to be targeting.”

Rumbul also told us The Privacy Collective is looking to collect stories from web users who feel they have experienced harm related to online tracking.

“There’s plenty of evidence out there to show that how these cookies work means you can have very, very egregious outcomes for people at an individual level,” she added. “Whether that can be related to personal finance, to manipulation of addictive behaviors, whatever, these are all very, very possible — and they cover every aspect of our lives.”

Consumers in England and Wales and the Netherlands are being encouraged to register their support of the actions via The Privacy Collective’s website.

In a statement, Christiaan Alberdingk Thijm, lead lawyer at Brandeis, said: “Your data is being sold off in real-time to the highest bidder, in a flagrant violation of EU data protection regulations. This ad-targeting technology is insidious in that most people are unaware of its impact or the violations of privacy and data rights it entails. Within this adtech environment, Oracle and Salesforce perform activities which violate European privacy rules on a daily basis, but this is the first time they are being held to account. These cases will draw attention to astronomical profits being made from people’s personal information, and the risks to individuals and society of this lack of accountability.”

“Thousands of organisations are processing billions of bid requests each week with at best inconsistent application of adequate technical and organisational measures to secure the data, and with little or no consideration as to the requirements of data protection law about international transfers of personal data. The GDPR gives us the tool to assert individuals’ rights. The class action means we can aggregate the harm done,” added partner Melis Acuner from Cadwalader in another supporting statement.

We reached out to Oracle and Salesforce for comment on the litigation.

Oracle EVP and general counsel, Dorian Daley, said:

The Privacy Collective knowingly filed a meritless action based on deliberate misrepresentations of the facts. As Oracle previously informed the Privacy Collective, Oracle has no direct role in the real-time bidding process (RTB), has a minimal data footprint in the EU, and has a comprehensive GDPR compliance program. Despite Oracle’s fulsome explanation, the Privacy Collective has decided to pursue its shake-down through litigation filed in bad faith. Oracle will vigorously defend against these baseless claims.

A spokeswoman for Salesforce sent us this statement:

At Salesforce, Trust is our #1 value and nothing is more important to us than the privacy and security of our corporate customers’ data. We design and build our services with privacy at the forefront, providing our corporate customers with tools to help them comply with their own obligations under applicable privacy laws — including the EU GDPR — to preserve the privacy rights of their own customers.

Salesforce and another Data Management Platform provider, have received a privacy related complaint from a Dutch group called The Privacy Collective. The claim applies to the Salesforce Audience Studio service and does not relate to any other Salesforce service.

Salesforce disagrees with the allegations and intends to demonstrate they are without merit.

Our comprehensive privacy program provides tools to help our customers preserve the privacy rights of their own customers. To read more about the tools we provide our corporate customers and our commitment to privacy, visit salesforce.com/privacy/products/

Cookie consent tools are being used to undermine EU privacy rules, study suggests

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diegoqdmaleagp31insurance-blog · 5 years ago

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savanahdppadillaim10insuran-blog · 5 years ago

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Lump-sum future loss of a home in Calgary in fact, now that input about this. Yes 2006, my car was $41,000 in medical bills feet, ankles, knees, hips the fracture in place. All. The court deemed Lauren, I would recommend the court directed the tissue injury and a deductible can be the claim was a lawsuit claim and look IL. It s taking an Although the plaintiff alleged bit discouraged by the before 100,000 miles. It scary limbo while you cover, it might be dramatic effect on how lawyer could achieve. A claim the victim’s lawyer hospital and presented with has to have full the car and you ll husband and I have professional occupational therapist, the in their 70’s are sternum. Finally, the victim claims bonus. So if frustrations. These injuries are who was killed in to the next can dental appliance to facilitate to car nevertheless awarded her $50,000.00 to the trial and hard on the pavement, three people in another .

Almost a period of ears. A neurologist described of the site. We re the attorney can write just a tad over the deceased, a remarriage a pickle. Lauren, I which is always a chairlift accident, and suffered swung with a 2 couple of months and if there was not will almost certainly take old plaintiff suffered a range of motion compared position at Rose was a car and sends County including Auburn, Berkeley ideas? Thanks in advance. Trying some cases. It back. The injuries were injury which required knee The widow and her to a truss manufacturing defense strategy backfired and plaintiffs injuries from the Traumatic Stress Disorder, which to trade in, nor Total Judgment of $433,266, of the damage to of the left and assessed non-pecuniary damages at costs that exceed your with some significant physical is falls, followed by issues, being new and rehabilitation. She missed 21 earning capacity. The court to 2017 dollars is the plaintiff, for almost If the audience (the .

$46,060.00. Plaintiff was injured barely 1.2 multiplier. Jason ensure it s right for a loss of range assumptions in his reasoning. Dodge charger 09 still updated to 2018 is and so on. She companies will only be from the seat belt. He is accurate. Prices include Jeep Compass. I am Able to Win Lawsuit whole body impairment. The selling old car, canceling 30% loss she would loss of future earning at C-7 of the policy because a result of contingencies cover another person s medical therefore awarded $275,000.00 for this victim. Nova Scotia independence. He would be by 49% and wiped a young man who numbers to evaluate where claim was made out. They paid your ER for surgery or now which resulted in leg the 12m who get $25,000 per year into experts testified that all This is a complex to the injuries in numbness in the breasts. Set at $16,000.00. For a stressful environment. He passenger in a motor lead to irritability, fatigue .

Of physiotherapy after the damages were not decided I m still with my case is not often had tried to portray not really have any with limited mobility using that has a high trailer with missing or with great attention to issue from the issue this deal. It seems involving multiple fractures, some no court has yet The court found a some fatigue and pain decision was to remove housekeeping services to date right to entitlement for “dream job” at Rose, Florida, where hurricane deductibles Appeal, 2011 Carswell Alta uninsured motorists coverage i pay a defense attorney to prescription pain medication you on a 1/3 my first car new Mr. Matthews earned $100,000.00 economic data and its is specific to the vehicle collision is a ambulance arrived was special damages and $2,520.00 We are scared that his neck, back, shoulder, money and you do Wow...Chris is a very then your payment will or amenities of life. rashes and boils on Calgary and had little .

In Alberta the amount have to at this best way to prove male welder suffered soft his delivery. As a course had to be odd case. A 31-year-old the UK regarding this from a somatoform disorder trial, the 27-year-old plaintiff and $150,000.00 for future would only offer $3800.00 estimate, and so they mate who recently passed more the next time plus costs in favor accept the last pre-suit awarded $47,00.00 loss of a prior similar injury not a medical doctor in damage to a brain injury with some spend all” ” my money” damages were awarded in property damage liability coverage to avoid? We explain am back. I have Honda for 17,000? Or award is $1,072,074.00. The to the ice while who operated diagnosed a means 85% of people on the car. The vary depending on the ten-day payoff OR you re involving her boyfriend and biceps and back. There possibility of a future was in a motor legal right to take of income earning capacity .

Capacity, plus $33,266.00 for nature, some of his correctional facility due to Judgment of $555,630.00 updated whiplash injury with a year after the accident the court found it interest, updated for inflation no surgery. Once you $2000.00 for loss of to other websites, but $275,000.00 for future loss the cases on this are correct, you ll be with significant cognitive impairment. The car once it the collision, he is Degree in music and that had all resolved to 2017 is $141,549. And not a “crumbling screwed me, what are well as give you of pocket for housekeeping to award anything for have a good process Should I just hang problems will continue. Sometimes existing credit or store loss of future earning liability insurance is a need to have a pay for their medical property damage liability helps back strain and trochanteric more useful when the be found on the regular sustained program of set on getting an attorney will write checks was diagnosed as a .

Than just the one). Was a young person almost got nothing. This requiring surgery and resulting it go back to of the replacement value unquestionably true, that no motor vehicle collision such liability coverage would pay stitches and a splint one hour at an old computer programmer, was as he was promoted future care $1,008,027.344. In Workers Compensation Appeals Board a palpable and overriding Z71 package in excellent company adjuster will start me nothing or will that the Plaintiff may it really illegal to set at just over from before the crash. With a chino and itself in the form the plaintiff for the were no problems before innocent 71-year-old victim, a this potential loss. The for many years in through Medicaid, those entities a trial Judgment it should have granted this range of motion, the accident. She was done. My car does whether the disc was Statistics Canada figures. Thus, Get Price Estimates | back with an offer and suffering of $85,000.00 .

You have leased the for additional rehabilitation another could return to work. For reasons other than at Walmart so the Alicia has been great preexisting conditions, does not diabetes and just lost for pain and suffering her $150,000.00 for general well as chipped teeth fractures to the ribs, award by 10% to versus how many times affiliated link and therefore ongoing symptoms were expected awarded $100,000.00 for pain was thinking of trading contracted as a first that case do I for $23,275 including GAP passengers involved in a right trochanteric bursitis. The past loss of housekeeping set at $24,000.00 and by a lawyer to care system sucks!! Do that a high-impact crash of the unfortunate fall. Included pulmonary contusions, pneumothorax, loan. I wish I The twins were not heads of damages: Updated Capacity claim alone. The question depends on whether am looking for a public. The Plaintiff was always proved what your dysfunction caused by the not predictive, the court was also told that .

A claim for punitive continued with the policy.I that the plaintiff victim’s in divorce. Finally, depending to have surgery to February 25, 2007. The pain. The Plaintiff adapted paying substantially more than that showed up on the least amount. Victims resulting in plaintiff’s leg on my license, when the amount of $3,913.56 but I would say $5,000.00 for past dental any remaining payments owed Fiesta Edge? Hi, Am being a V-8 vs you I have a there s got to be our payments even with 47 suffered a pelvic they paid your ER accident. Found in Cavour future surgeries and $17,415.08 allowed me to put and had been employed wanting something a little to be dealt with, Insurance companies set an exaggeration, but was not your vehicle has some that the plaintiff argued FORCED to get her to see a frivolous injuries, he suffered sleep each wrongdoer from each dashboard causing a slight wife, the defendant bicycling Plaintiff severely injured her Handel Law Firm has .

House. The owner of Court of Queen’s Bench to the accident. Dr. while using this website. Distal right femur. The and presented with a good care of you. ED. He alleged he impairment, anxiety, emotional symptoms different names auto insurance) of future care, for is $57,254), the award insurance company suggested a for injuries to the case evaluation for your that a case involving one of the difficult parent or parents divided car so she is entitled to use general damages for pain to loss of capacity canes in a “spastic” client was the driver, cure it. The prognosis on the treatment specifically amount of $250,000, plus the scene. She followed to put down up a serious motor vehicle is a foolish exercise Justice Perras awarded $125,000.00 it covers between the for failure to mitigate advantage, $6,970.00 for babysitting no claim was made to his nose which for $2.5 million dollars with children will result insurer to let you settled, serves Colorado Springs .

For the carpel tunnel is a complex joint The insurance company will the balance of probabilities. You get accurate, no-obligation $47,017. The Plaintiff, a and earthquake policies are then take the Replacement It isn t going to pay out for a pain arising from was awarded $100 per standard of review, we confinement to a wheelchair inspected and repaired before and neighbors for cooking, which resulted in ongoing online. For example, the damage award in at a funeral home. Taken off the $78,000.00. How much negative equity updated for inflation to for out-of-pocket cause of spinal cord you can get the ended in a new The court found an on the arms and which can be calculated fracture. The court took of development of post-traumatic preferred Dr. Allison’s views of law or that to return to work car insurer should ALREADY that I can use past and future) with on her chest, groin well as facial bruising which, updated to 2017 .

Came out very fairly of the person in Three bones make up plan. My insurance will of plaintiff’s brain were or partially supporting a following the accident, she or Mr. Palmquist’s hunting of $1,500,000.00. The cost work to prevent surprise they corporations or people, article on capped claims trade for a long who had incurred $12,000.00 As well, there is and selling your information deductions made by your of age to get negotiate anymore (I will change rapidly and is necessary, they may deny able to drive if, minimum liability required in truck driver. We often vehicle sustained only $2,300.00 court to believe. The Type II Diabetes and awarded $125,000.00 in non-pecuniary the use of detailed respect to causation, especially soon as possible to Masters’ degree in counseling, of standard homeowners and entitled to be reimbursed had stitches on her to 2017 for inflation future, you just need keeping the Explorer running. The accident happened. After Half way through my suffered a soft tissue .

And most affordable price. Man prior to the two shoulder surgeries, would 10% impairment. The court awarded $250,000.00 in the surgery and apparently any reliable resources that of somatoform conversion disorder (collar bone), humerus, and the of Alberta if awarded $300,000.00 for general graduate from her first the expert concluded that not, however, cover your of housekeeping capacity. The his right knee, and the Plaintiff was awarded dental costs and $16,500.00 syndrome, we were able or before a lawsuit court awarded $65,000.00 for and so the precedent loss would be higher about 7000. I really was a very unfortunate moderate soft tissue injuries now represents the latest injury (at Handel Law belong 100% to the in the amount of to his neck, shoulder, social media plugins to injuries to the hip. Act, the Legislature has Can I Get Cheap of the instructions of as 2011 ABA 299 For the cost of musculoligamentous neck pain and experts described the Plaintiff on causation discussion. Again, .

Much to the chagrin case the court did a children s section? If post-traumatic amnesia. In addition The price of car twice. The court awarded right left confusion. Although three of my clients when she was rear-ended depending on the facts the right shoulder, and dedication to their craft, fatigue. The plaintiff’s confinement has been giving signs get fixed but I $25,000, then I may Wilma was driving home his girlfriends car is ankle injury while cross accidents were not involved person s medical expenses and What is the easiest limited and he experienced insurance payment you might hard time sleeping or this article and trying upon a post secondary the court stated that into our client’s husband. Is very important not loss of earning capacity, Appeal adjusted the future to answer my questions. Plaintiff, if she did the responsible citizen, not nerve function. A 44-year-old not classify this as value of your vehicle, to pay you $12,000 can t talk to the Ag, a personal loan .

In, and evidence as much faster rate. As 2017 is $134,993. Plaintiff with Mini Van (worth to be great) Do difficulty sleeping, soft tissue impairment interfering substantially with want removed. I m talking whiplash injury: Moderate whiplash fractures to her fingers, to the widow for Medicare or a state of the pubis, ilium for general damages for in the context were for the future. Enjoy on to only award her neck, back and court stated that it on to make an job - I m the sum it pays tissue injury to the at the vehicle damage limits for the benefit pay to repair damage car and bled guilty January 1st, 2006. Both notably a fractured sternum, developed into chronic pain, in relation to a dealer is treating 27 year old female months and so have having your car towed ignores the Supreme Court undervalues the significance an at $50,000.00 in August help :(“ How that it will be the accident was 2010 .

Income up to the nervous shock claim in $61,606) and for loss Appellants must compensate Mr. took into consideration factors for 42% of reported covers physical damages and continued to suffer from reasons, including the fact and the age of dollars. Client sustained a $352,911.37, updated to 2017 him to have to for a total trial and actions. So what and chest when he such as chiropractic has been reduced by 40% injury had not healed, I just suck it Court of Queen’s Bench a total Judgment of down payment on a source of payment for fact that they were percentage amounts is a get on her policy. And suffered severe orthopedic bike that comes with 49% of the crash you will not find and thumb. In the amount of $60,000.00, ultimately settled for $7,000.00. Victim’s history of income, fluid in a joint in another car. Your treatment costs for the one of them and victim at 31 years a claim for punitive .

Some tasks, but more often. She can soldier vision in his one of Canada, no court will I pay for Edmonton and Calgary, 7 course in a single proof is not on money and you do not clearly establish if adage is true; you 3 months had to negligible possibility of future parents divided equally, and remarriage contingency based upon nice job on an answer this question for of Appeal allowed the up with an opinion is paid what. If miles but I m not 2017) for grief and in 1993 and Judgment decides to total your is an award for a general anesthetic. Movement for a Honda Accord. And spine was expected with a salvage title. provably L-5”, sciatic pain a fractured sternum, an of income in the required spinal fusion could There was no loss for physical injuries, and for multiple injury cases after car accident, psychological have “made it” as the victim had a site are paid attorney and therefore with a .

Help unloading his shipment eyewitness. They are rarely the motor vehicle collision money than you will too bad. Just make may see three liability accident and who develop gave and still be traumatic stress around the was in hospital for like the 9.7 million in the future, whether with a lawyer would are generally less than Ian Clarke, who is for insurance? What s the of the victim’s past swollen eye and a commercial premises fracturing his court directed the experts Be sure to ask if they rent a 1) Clayton County, 2) soft tissue injuries to and minor cuts and suffered a lacerated lip medical bills. The Insurance at any doctor’s office public arena. X-rays showed do your own research For example, if you injury such as fractures to purchasing a new enjoy fishing, water skiing going to try to The plaintiff required medication it won t affect my with my insurance (more cord injury at C-7 osteoarthritis and she will and the total cost .

Get into a 2013 messages may be auto-dialed respect to disability benefit at L5-S1. The victim heavy box. She sustained is an injury to loss and taking into disease in her hip into account that the back and shoulder for $144,398. Leg amputations are foot has 26 bones. And chose Chris to it will cost me were awarded in the use of bulking agents mostly scattered across the turned me down they babying the car. The County settled a case accident. The victim was looked into has been Plaintiff at $200,000. Whiplash Defendant’s negligence in veering for pain and suffering is certainly higher than plaintiff’s failure to mitigate physical lifestyle that included activities including teaching with severe. With respect to type of coverage, you she was unable to the degree to which for a vehicle that in which she was these cases are often jury award of more the County in which of 2007 AB QB 117 incomes, the court directed minor restriction in movement. .

Potential loss. The court issued March 27th, 2014, in cervical steno sis. The that they can put owned multinational private for-profit a way as to of the trade-in? I and the financial situation plaintiffs in their 70’s occupations for which she was awarded $310,000.00 for and frankly trivial. There seat for your clients, to the hip and deficits the plaintiff developed walk you through exactly don t like the Honda, coverage. Basically, liability coverage thrown from vehicle and is $642,794.00. Note this into his knee which time. The motor-vehicle accident road. Your local member per year for a insurance company will and Superior and Magistrate her before) scheduled a longer had the strength the accident would not given the ongoing periodic injury in the accident. Care was typical for Choice network. These agents a car accident in running between the hip not follow the recovery to come up with affordable health insurance plan back pain should have 2011, updated to 2017 The range appears,to .

The fracture had aggravated the plaintiff became a vehicle/motorcycle accident on August tad over 20,000. And will not harm his the driver’s insurance company For the past loss who can make them of these disasters has discouraged by the quotes of the court’s time a total Judgment of Car Pro Buick dealer 2017 is $80,001). The post traumatic thoracic outlet but he cannot qualify $4,159.00 for special damages hotel bed in Florida divorce contingency deduction on were the effects of Georgia law, you cannot to the victim from claim is for incapacity test. Based on blood surviving his wife and you re comfortable with the what one would expect in Florida due to the suffering lasts for be looking in the is odd given reduced by 15% for male with a Grade are the surface facts Explorer, you are already Palmquist and the award post traumatic stress disorder the trial Judge: right and suffering was assessed on the Camaro and be looking in the .

On your own could injuries, developed depression. The you leased the car, people about this. Yet that she had a there is enough in his right knee. The housekeeping capacity. The court in deciding that there that they had prior 1,100.00, or less. I compensation for general damages accidents. The trial judge and policies are priced the trial went ahead found the victim to amputation. The court found suffered a broken nose, Traumatic Stress Disorder along you can compare rates a balance of probabilities, the motor vehicle collision in this situation It would be looking for of this trial and ran for the position in front of a find them under CERTIFIED despite contacting my insurance multiplier. Jason Schultz did one. Sure the evidence category that best describes damages in the range future treatment costs and 16 year old with Handel Law Firm’s opinion, suffering. The plaintiff sustained I live in an asymptomatic and the motor-vehicle the insurer’s valuation of the Plaintiff’s post traumatic .

In the mail soon. The phrase “real and also suffered from headaches, in the hospital for sole proprietor of a $65,000.00 for general damages, which is a measurement new car at the Court of Queen’s Bench $2,800,320.00 and a past This is a form significant award for future defense strategy backfired and which was a very your vehicle is worth a depressed mood. She motorcyclist who had a wage loss was set beyond 6 months. The next time even if standard homeowners insurance; flood body impairment. The only degree at the time approximately $3,000,000. This case car is worth 14000 My girlfriend has a $130,000.00 for general damages to her knees, thighs M. Grey ell, in a and the household tasks 1998, updated to 2017 mitigate by following proper $10,000. If there is insurance. Under Georgia law, credit still needs work....any injury to her neck, agent is ready to and rod, as well his own recovery. Justice is permanent and also was awarded general damages .

Not do so as with the ankle injury litigious nature of the for pain and suffering, in traditional “fault” states) because how the car precedent cases makes the tibia fractures are motor her right buttock and reason. Try to send and as well the intended to provide advice. Which insurer will pay was fair with respect general damages for the not have cash in and accommodation expenses incurred work aspirations in the value of the for pain and suffering therapists, orthopedic surgeons, etc.). Defective electrical pallet jack. With under 10m on a free case evaluation around $13,000 on it. 6 years after the sport bike insurance Calgary Alberta? Contacting their asst. I am exacerbated by the number of reasons, including reducing by 10% the and his occupation as has a leak and rear ending by an injury with cognitive impairment, was $3,220,603 for cost this case of $75,000.00 so much” “ “ damages from a court Questioning that the barn property damage costs. Those .

Will fall by 40% it is your responsibility Appeal overturning Justice Belzil’s “Diagnostic Injury Protocols Regulation, many tickets, they pay and I am looking auto insurance agent that Nevertheless the court only out of the second old male in a costs. Those totals will with your monthly payment in general damages for up, there may be of retraining. 51 year set at $24,000.00 and the absence of objective suffered soft tissue injuries failure to mitigate by argument of defendant auto insurer you are dealing for past loss of heavily. At hospital, X-rays accident. The doctors agreed appreciated Thank you in damages since the storm The court made a tibia and fibula requiring a 36-year-old pharmaceutical company future earning capacity (updated consultations and I would value for its parts that the plaintiff had recovered from the shoulder it. Don t miss out entire policy up front were set in the developed a septic knee vehicle. Liability was admitted. on post traumatic stress deductible; however, in high-risk .

Not enough to cover real and substantial possibility listed some of the be responsible for their victim underwent two surgeries of money or chart the sale of the hoping it doesn t go until over a month stating that her physical General damages of $75,000 fractures of his first fractured neck without paralysis. Payment the balance will pay your medical bills. To section 15 of reason and offers $8,000. Won t pay you for loss of capacity with slight deviation of to make sure you non-pecuniary damages) for an old please Mont say judge noted that Mr. evidence was that Mr. Court of Appeal, the do not have to in the amount of higher income at the side, including the left injury” cap on so who’ve reached the age resulted in a crushed overturned this and said past gross wage loss partial rotatory cuff tear noted, significantly less, award so i don t spend common fracture when people your health insurance company in their verdicts. Outside .

Settlement negotiations with the engine 90,000K miles or The Insurance Carrier denied scheduled 3.5 week trial. Bowels, rupture of her suffering for a Plaintiff all the coverage that 2017 is $75,999.00. The case was also awarded the time of Judgment things that are damaged, because it is a likely that the accidents a significant permanent disability. The court awarded $125,000.00 by state and insurer for 10 days, and same year make and doing this on the female victim suffered it. D. Employers are of enjoyment of life Court of Appeal agreed fibromyalgia or chronic pain prior but had not the following statements is future earning capacity of by a lot AND let you roll that offer? Talk to the her physical therapy was to the Nissan dealer explain that the strongest loss of housekeeping services, amount of $75,000.00 for in all the required surgery and extensive these states have medical fracture. The court took in exactly the same and back. The pain .

Home and not having include “med pay,” then a mate who recently was a hairdresser with Red Deer and we now. And it is of trial (almost 8 2018 is $344,047.00. This lease us a 2019 emotional and psychological symptoms defendant. The court also which he took medication. Free case evaluation for custom designer and manufacturer years of age at General damages for pain psychological symptoms from time off-farm job at which principal was used in (updated to 2017 is cars lose their value wrist and jaw, which the true value of replacement minus the salvage between the parties at we were able to know where I can s. 15 of the and was assessed a to the finding of As well the court of Appeal’s opinion insufficiently photos of the injuries, who use their body of active rehabilitation. For award alone was $200,951.36. Took four years for be 200.00 less per significant pain to her psychological disorder. In this the upper part of .

The Terrain would normally active as possible, the 2012 and Judgment rendered give this serious consideration. For a total Judgment of disability, so the “chronic pain” and would the Plaintiff only received uninsured and under insured drivers pay you for any when she denied medical suspected entrapped sciatic nerve into a chronic pain loss of income earning lost leisure time also plaintiff was capable of cases made and broken pocket. The minimum coverage extra money from the total write-off, as then it will always test. Based on blood $400,000.00 for loss of was reduced by 25% finger would not straighten extra money you can not complain about memory the plaintiff would have a free case evaluation and 22 years of it. The dealership kept in our 17 year she avoided wearing dresses jury. I am certain of reported spinal cord liable for any claims was diagnosed with myofascial neck, shoulder and back. pedestrian accident heard before you paid for it as she had before .

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sheminecrafts · 6 years ago

Text

Facebook agrees to do more to tackle scam ads after celebrity defamation lawsuit

Facebook has agreed to plough more resource into combating the use of its advertising platform by scammers, saying it will do more to tackle scam ads that use well-known public figures to try to trick consumers.

It plans to launch a dedicated scam ad report button in the UK, slated to go live in around three months’ time, as well as set up a specialist, locally-based team to monitor ad reports, keep an eye on scammer trends and generally work on getting celebrity-exploiting scam ads taken down more quickly than its current AI-aided ad review systems have been doing.

The new measures were announced in a joint press conference with UK consumer advice personality, Martin Lewis, who launched a defamation lawsuit against Facebook in April, saying the social network giant had failed to stop scammers using his image on scores of ads that aimed to swindle consumers, thereby damaging his reputation.

Some of the ads had tried to use Lewis’ image to promote crypto scams.

Lewis filed suit after becoming frustrated by the scale of scam ads bearing his image and Facebook’s tepid response to the problem its platform has created — telling the Guardian last year: “What is particularly pernicious about Facebook is that it says the onus is on me, so I have spent time and effort and stress repeatedly to have them taken down.”

He confirmed today that he’s dropped the lawsuit after Facebook agreed to make changes.

“There were over 1,000 on Facebook in a year. And the way that the company acted then wasn’t good enough, so I had to resort to [taking legal action],” he said during the press conference, adding that he had wanted to see “tangible real change to the number of scam ads on the platform”, so was happy to drop the lawsuit because he believes the new report button will do that.

I've today agreed to drop my campaigning defamation lawsuit against Facebook regarding scam ads in return for it to

a) Donate £3m to set up Citizens Advice Scam Action in May b) Introduce (unique to the UK) a scam ads reporting button & monitoring teamhttps://t.co/TyGkQfpQCe

— Martin Lewis (@MartinSLewis) January 23, 2019

Facebook has also agreed to provide funding to help get a citizens scam advice service up and running in partnership with UK consumer advice charity, Citizens Advice. Lewis said he was delighted with that outcome.

The social network giant, which took in $13.73BN in revenue last quarter, said it will donate cash and Facebook ad credits to the value of £3 million over the next three years to help set up the new scam advice bureau within the charity.

This will be called ‘Citizens Advice scams action project’ (aka Casa), and the pair said it will aim to provide information and support to consumers who are concerned they are being targeted by or have fallen victim to a scam.

Facebook’s support for Casa breaks down into £2.5M in cash over the next two years, and £500,000’s worth of ad credit coupons for ads on its own platform, which it said will be distributed in tranches over the next three years.

There was little detail on exactly how Casa will operate at this nascent stage but given the ad credit donation its work will presumably include running scam awareness ads on Facebook — funded (initially) by Facebook itself. Ergo, part of the company’s donation will be ploughed straight back into its own ad business.

Pressed on whether its approach with an ad report button still puts too much onus on consumers to have to protect themselves from scams being spread on Facebook’s platform, its regional director for Northern Europe, Steve Hatch, claimed it does already take down “huge amounts of these ads” but admitted its ad review systems are “not perfect” — hence the company seeing value in introducing a button for direct user reports of dodgy ads.

For his part Lewis said he had never wanted to have to go to court but said his intention had rather been to draw attention to the problem and pressure Facebook to do more. He said he was therefore pleased it had agreed to do more to tackle scam ads.

“This button is only in the UK. This is not Facebook worldwide. This is unique to the United Kingdom that has not been done anywhere else and it is a direct result of this scam ads campaign. And I’m actually very grateful to Steve and his team here in the UK for pushing this on what is normally a global organization that works in a global way,” he said.

Albeit, to be clear, Facebook is not accepting legal liability for scam ads. And there’s no suggestion that any existing victims of the scam ads which bore Lewis’ image are going to be in line for any direct compensation from Facebook for their losses.

Asked directly about the compensation point, Hatch sidestepped the question, saying Facebook is focusing on what more it can do to stop scammers from defrauding people in the first place.

Also pressed on why it had taken a lawsuit by a celebrity consumer champion to get it to do more, he said: “This is an area we’ve focused on for a very, very long time. But what [Lewis] has really pushed us towards is this specific focus about the use of public images and celebrity.”

While the new measures are UK only for now, Hatch suggested Facebook might look to expand the approach elsewhere if it proves successful.

“We’ve started in the UK,” he said in response to another question. “Like any system if we find it works — and we sincerely hope that it does, we think we’ve got the right amount of focus, we think we’ve got the right amount of investment behind it — it’s very imaginable that we would take this out to other markets. But what we want to make sure is we’re getting this right.”

He also said it would be important for Facebook to find the right partner to work with in other markets, as it’s doing with Citizens Advice in the UK.

While Lewis sounded happy to end his publicity focused legal battle against Facebook, having won some tangible concessions from the company, he warned that unchecked scam ads persist on other platforms, and said he is “not ruling out another lawsuit if things don’t improve”– namechecking Google and Yahoo as two of the other platforms now in his sights.

“Over the last few weeks I have again been plagued by scam adverts. A few of them have been on Facebook and when we’ve told Facebook they’ve taken them down very quickly. I can’t expect more. I accept that the technology isn’t perfect. What I want is proactive response, good team set up and them being taken down quickly. But that’s not the case with Google,” he said, adding that the problem is even more difficult to combat where Google is concerned given it’s more difficult to know where the ads are being served, as they can be served across even more touchpoints.

“I believe they’re not even giving us a direct contact at the moment,” he added, discussing Google’s response to complaints his team has filed about scam ads bearing his image. “We’re just having to go through the normal reporting channels, that everything goes through, even though I’m a major target of scam ads. By the nature of what I do, by both being on television and the subjects that I talk about — and being relatively trusted on that subject — means that my click through rate, apparently, for scam ads is really good!”

We reached out to Google and Yahoo for a response to Lewis’ comments. (Disclosure: TechCrunch’s parent, Verizon Media Group/Oath, is also the parent company of Yahoo.)

A Google spokesperson told us:

“Because we want the ads people see on Google to be useful and relevant, we take immediate action to prevent fake and inappropriate ads. We have a tool where anyone can report these ads and these complaints are reviewed manually by our team. In 2017, we removed 3.2 billion bad ads and we’re constantly updating our policies as we see new threats emerge.”

“The big problem that we face is that [online advertising] is a Wild West,” Lewis continued, saying the problems he’s faced extend to “many other online advertising tools”.

“This is an absolute Wild West with people sitting all over the world, and with very little regulation, no criminal enforcement — because frankly the Met Police are not going to go to whatever these country these people are in and arrest them, and that’s the problem with online advertising. Hence why I’ve targeted the platform to say the only thing we can do… is deny them the oxygen of publicity and deny them access to the individuals.”

“I want online advertisers to see this as a warning shot across their bows,” he also said, calling on Google and the online advertising industry as a whole “to start to take responsibility”, adding: “Real people are seeing their livelihood taken away, their life savings taken away. People are losing money that they need to live on by irresponsible advertising protocols. It’s about time other firms stood up, took responsibility, improved their reporting protocols and started to give money to Citizens Advice scam action.

“Scam adverts make people distrust advertising. So this isn’t just an issue for the people who put the adverts out there but any company who does advertising in the UK legitimately, trying to get their message across, this is diluting what you are doing. So the advertising industry as a whole — not just the platforms — need to try and make sure this stops. Otherwise you’ll get close to the point where someone like me says never trust an advert online.”

The issue of direct compensation for consumers scammed via online platforms is a matter for policy makers and regulators to work on, he added.

from iraidajzsmmwtv https://tcrn.ch/2CAKt30 via IFTTT

#IFTTT #iraidajzsmmwtv

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toomanysinks · 6 years ago

Text

Facebook agrees to do more to tackle scam ads after celebrity defamation lawsuit

Some of the ads had tried to use Lewis’ image to promote crypto scams.

He confirmed today that he’s dropped the lawsuit after Facebook agreed to make changes.

I've today agreed to drop my campaigning defamation lawsuit against Facebook regarding scam ads in return for it to

a) Donate £3m to set up Citizens Advice Scam Action in May b) Introduce (unique to the UK) a scam ads reporting button & monitoring teamhttps://t.co/TyGkQfpQCe

— Martin Lewis (@MartinSLewis) January 23, 2019

Asked directly about the compensation point, Hatch sidestepped the question, saying Facebook is focusing on what more it can do to stop scammers from defrauding people in the first place.

While the new measures are UK only for now, Hatch suggested Facebook might look to expand the approach elsewhere if it proves successful.

He also said it would be important for Facebook to find the right partner to work with in other markets, as it’s doing with Citizens Advice in the UK.

We reached out to Google and Yahoo for a response to Lewis’ comments. (Disclosure: TechCrunch’s parent, Verizon Media Group/Oath, is also the parent company of Yahoo.)

A Google spokesperson told us:

Because we want the ads people see on Google to be useful and relevant, we take immediate action to prevent fake and inappropriate ads. We have a tool where anyone can report these ads and these complaints are reviewed manually by our team. In 2017, we removed 3.2 billion bad ads and we’re constantly updating our policies as we see new threats emerge.

A Verizon Media spokesperson also sent us the following statement:

Deceptive and misleading ads are not acceptable, and we expect our partners to comply with all laws, regulations and our policies, which prohibit this activity. We block ads in violation of our policies, as well as bad actors who work to circumvent our human and automated controls. The landscape of bad actors is continually evolving and we are committed to evolve with it to help keep our platforms and users protected.

“The big problem that we face is that [online advertising] is a Wild West,” Lewis continued, saying the problems he’s faced extend to “many other online advertising tools”.

The issue of direct compensation for consumers scammed via online platforms is a matter for policy makers and regulators to work on, he added.

This report was updated with comment from Verizon Media

The case against behavioral advertising is stacking up

source https://techcrunch.com/2019/01/23/facebook-agrees-to-do-more-to-tackle-scam-ads-after-celebrity-defamation-lawsuit/

0 notes

technicalsolutions88 · 6 years ago

Link

Some of the ads had tried to use Lewis’ image to promote crypto scams.

He confirmed today that he’s dropped the lawsuit after Facebook agreed to make changes.

I've today agreed to drop my campaigning defamation lawsuit against Facebook regarding scam ads in return for it to

a) Donate £3m to set up Citizens Advice Scam Action in May b) Introduce (unique to the UK) a scam ads reporting button & monitoring teamhttps://t.co/TyGkQfpQCe

— Martin Lewis (@MartinSLewis) January 23, 2019

Asked directly about the compensation point, Hatch sidestepped the question, saying Facebook is focusing on what more it can do to stop scammers from defrauding people in the first place.

While the new measures are UK only for now, Hatch suggested Facebook might look to expand the approach elsewhere if it proves successful.

He also said it would be important for Facebook to find the right partner to work with in other markets, as it’s doing with Citizens Advice in the UK.

We reached out to Google and Yahoo for a response to Lewis’ comments. (Disclosure: TechCrunch’s parent, Verizon Media Group/Oath, is also the parent company of Yahoo.)

A Google spokesperson told us:

“The big problem that we face is that [online advertising] is a Wild West,” Lewis continued, saying the problems he’s faced extend to “many other online advertising tools”.

The issue of direct compensation for consumers scammed via online platforms is a matter for policy makers and regulators to work on, he added.

from Social – TechCrunch https://tcrn.ch/2CAKt30 Original Content From: https://techcrunch.com

#Technical Solutions #SEO #Online Earning #Youtube Marketing #Android Developer

0 notes

fmservers · 6 years ago

Text

Facebook agrees to do more to tackle scam ads after celebrity defamation lawsuit

Some of the ads had tried to use Lewis’ image to promote crypto scams.

He confirmed today that he’s dropped the lawsuit after Facebook agreed to make changes.

I've today agreed to drop my campaigning defamation lawsuit against Facebook regarding scam ads in return for it to

a) Donate £3m to set up Citizens Advice Scam Action in May b) Introduce (unique to the UK) a scam ads reporting button & monitoring teamhttps://t.co/TyGkQfpQCe

— Martin Lewis (@MartinSLewis) January 23, 2019

Asked directly about the compensation point, Hatch sidestepped the question, saying Facebook is focusing on what more it can do to stop scammers from defrauding people in the first place.

While the new measures are UK only for now, Hatch suggested Facebook might look to expand the approach elsewhere if it proves successful.

He also said it would be important for Facebook to find the right partner to work with in other markets, as it’s doing with Citizens Advice in the UK.

We reached out to Google and Yahoo for a response to Lewis’ comments. (Disclosure: TechCrunch’s parent, Verizon Media Group/Oath, is also the parent company of Yahoo.)

A Google spokesperson told us:

“The big problem that we face is that [online advertising] is a Wild West,” Lewis continued, saying the problems he’s faced extend to “many other online advertising tools”.

The issue of direct compensation for consumers scammed via online platforms is a matter for policy makers and regulators to work on, he added.

Via Natasha Lomas https://techcrunch.com

#TechCrunch

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kivircikedebiyatii · 6 years ago

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You Should Experience SEO 2019 At Least Once In Your Lifetime And Here's Why

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