Legal experts say that people who suffered losses as a result of the breach will find it difficult to get compensation from ChoicePoint for selling their personal data to con artists, even if the victims can prove that ChoicePoint was negligent in screening customers who purchased their data. That's because courts have been unwilling to penalize companies when victims of identity theft are not their direct customers.
Experts are hoping the ChoicePoint case may begin to swing court opinion, which could force companies like ChoicePoint to take better care of consumer privacy and data in the absence of federal legislation.
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