In re Zappos.com, Inc., Customer Data Security Breach Litigation, No. 3:2012cv00325, was a case held in United States District Court for the District of Nevada in which the Court supposed that the customers of Zappos.com were not held to the browse wrap terms of use due to their ambiguous nature and also held that the agreement was not enforceable since Zappos had earmarked the right to make changes in it at any time without notifying the customers. The above court decision set preference for businesses that use browse wrap agreements and/or comprise a phrase in their agreements that let them to change the agreements at any phase. The decision fortified conversations on how commerce must utmost fairly exhibit its terms and conditions of use and how to circumvent inequitableness and obscurity when writing them. 3. Background and impact: Zappos has got a customer base of nearly twenty-four million people. In the period of January 2012, Zappos has undergone suffering due to data security breach which provided hackers private info of their customers. The securities breach shown customer names, their addresses, and phone numbers but did not provide the credit card information of customers. After Zappos got to know about the security breach, Zappos have sent bulk emails to all the customers informing them about the security breach and recommended that they change their login details on the website. Several Zappos customers individually filed suit against Zappos appealing that their model of business haven’t safeguard the valuable info of their customers. Appellants recorded 12 causes of action for the suit blaming Zappos of not taking sufficient actions to protect customers' personally detectable info. In June 2012, there were 9 law... ... middle of paper ... ...n "accept" button. The second common recommendation was for businesses to revise or eliminate any language from its terms and conditions of use that would let it to alter the terms of use without notification. 6. References: i. Goldman, Eric. "How Zappos' User Agreement Failed In Court and Left Zappos Legally Naked."Forbes. http://www.forbes.com/sites/ericgoldman/2012/10/10/how-zappos-user-agreement-failed-in-court-and-left-zappos-legally-naked/ (accessed March 7, 2014). ii. "Zappos terms of use still "browsewrap"." Counselor@law. http://www.wac6.com/wac6/2012/11/zappos-terms-of-use-still-browsewrap.html (accessed March 7, 2014). iii. "MDL No. 2357 - IN RE: Zappos.com, Inc., Customer Data Security Breach Litigation." Justia Dockets & Filings. http://docs.justia.com/cases/federal/district-courts/nevada/nvdce/3:2012cv00325/88233/114 (accessed March 7, 2014).
However prior to the modern understanding of Consumer Rights there was a understanding of Caveat Emptor – Buyer Beware –this has been a fundamental premise of consumer wellbeing prior to World War ‖ , relation to transactions, principle that the buyer purchases at his own risk in the absence of an express warranty in the contract . This common law rule assumes that buyers and sellers are in an equal bargaining position. However there has been evident change in consumer rights which have contributed to the precedence of using Caveat Emptor is no longer acceptable, apparent in the case ACCC v Hewlett Packard Australia (HP), illustrated that no longer can a company ...
According to the Federal Trade Commission, a data broker is a company that packages consumer information from numerous sources and sells this consumer information to other businesses or people (Katz, par 2). Throughout this paper, I will employ course materials, class debates, and lecture notes to analyze a data broker company operating under the name of Spokeo. First, I will also evaluate how and why data brokers, particularly Spokeo, package and sell consumer information. Then, I will examine various characteristics of Spokeo with regards to Daniel Kahneman’s Prospect Theory. Thirdly, I will consider and analyze aspects of Spokeo taking into account William Prosser’s four legal aspects of privacy. Finally, I will discuss what packaging and selling consumer information may mean for consumers’ attitudes and
As we move through a typical day, this information is collected in thousands of ways. Charles Duhigg’s article “How Companies Learn Your Secrets” describes the collection, purchase, storage, and use of our personal information by the major retailer, Target. We all should know that we have agreed to the storage and sharing of our personal spending habits. The policies are disclosed in the Privacy Agreement of the stores shopper’s card, which most of us have.
When I was hired to teach math at Patrick Henry High School I had no idea of the things to come. Being a math instructor, I somehow was drafted to be part of the CERT at Patrick Henry. You see, CERT stands for Computer Emergency Response Team and as a team member I have certain responsibilities once a “computer emergency” occurs. While I don’t want to spend any time defining what constitutes a “computer emergency”, I will explain the current situation in which I find myself involved.
About 15 million United States residents have their identities and information used fraudulently each year. Along the use of their identities, they also had a combined financial loss totaling up to almost $50 billion. Major companies such as Apple, Verizon, Target, Sony, and many more have been victims of consumer information hacking. In each of the cases, millions of consumers’ personal information has been breached. In the article “Home Depot 's 56 Million Card Breach Bigger Than Target 's” on September 18, 2014, 56 million cards were breached due to cyber attackers. Before the Home Depot attack, Target had 40 million cards breached. Company’s information is constantly being breached and the consumers’ are the ones who end up having to pay the price. If a company cannot protect the information it takes, then it should not collect the information.
Nowadays, hacking systems which get the data from payment card in retail stores is a popular issue. The use of stolen third-party vendor credentials and RAM scraping malwares were the main reasons for the data breach. A brief introduction of when and how the Home Depot’s data breach took place and how the home depot reacted to the issue and rectified it by
Companies that connect to the internet share common risks; they are vulnerable to attack by cyber criminals and they risk losing data as possible result of the attack. Data breaches, whether intentional or unintentional, continue to rise. Nevertheless, a data loss constitutes issues not only for our clients, but significant issues for Allegiant Health, which includes legal ramifications, loss of public trust, etc. In the healthcare industry, data breaches have a global impact for as threats can come from all over the globe. For example, Community Health Systems, Inc. (Ragan, 2014) experienced a data breach in 2014. During this breach, Chinese cyber criminals stole an estimated 4.5 million patients’ information, which included names, addresses,
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...e same time, the time has come to raise consciousness, support research and standard-setting, and prepare model codes for those systems that do employ privacy-enhancing technologies. The opportunities for individuals to customize privacy preferences, research should be conducted to evaluate alternative arrangements should be generated. On top of that, the digital applications should provide transparent criteria, including ease of understanding, adequacy of notification, compliance with standards, contractual fairness and enforceability, appropriate choice of defaults, efficiency relative to the potential benefits, and integration with other means of privacy protection. Particular attention should be paid to uniformity of protocols across different industries and applications, so that consumers are not overwhelmed by a pointless diversity of interfaces and contracts.
This paper describes the various aspects of the Zappos case. The objective is to evaluate the depth analysis of the Zappos strategy. It enables to determine the Zappos strategy, business model & marketing strategy, and smartness of the Zappos acquisition.
Papacharissi, Zizi, and Jan Fernback. "Online Privacy And Consumer Protection: An Analysis Of Portal Privacy Statements." Journal Of Broadcasting & Electronic Media 49.3 (2005): 259-281. Communication & Mass Media Complete. Web. 24 Nov. 2013.
Business strategy and model: Zappos.com had a differentiation strategy with which they had differentiated themselves from the rest of the market. They had use a unique corporate culture in their company which was one of the major competitive edges of the company. According to the CEO of the company, Tony Hsieh, that everything that they had done at Zappos such as their relationships with 1,200 to 1,500 brands, policies and website style could be copied, however, the only thing that no one could copy from them was their unique culture. Zappos had 10 unique core values as a basis of their company’s culture, employee performance and their overall operations. They were hiring and firing people on the basis of their abilities that whether they were living up to these core values or not.
 At point of sale consumer are protected by law concerning some aspects of their purchases despite principal of caveat emptor
McCullagh, Dean. “Judge: Kazaa can be Sued in US”. 10 Jan. 2003. 1 Feb. 2003
Privacy is the condition where someone personal information can not be documented and be used by others (Parent, 1983). Privacy has been and continues to be a significant issue of concern for both current and prospective electronic commerce customers. The foll...