Return-Path: Received: from compute2.internal (compute2.internal [10.202.2.42]) by store40m.internal (Cyrus v2.3.12-fmsvn15026) with LMTPA; Mon, 09 Jun 2008 20:37:48 -0400 X-Sieve: CMU Sieve 2.3 X-Spam-score: 0.0 X-Spam-hits: BAYES_50 0.001, SPF_HELO_PASS -0.001, SPF_PASS -0.001, BAYES_USED user X-Spam-source: IP='169.229.248.208', Host='oracleapp2.law.berkeley.edu', Country='US', FromHeader='edu', MailFrom='edu' X-Spam-charsets: plain='US-ASCII' X-Delivered-to: matthew@elvey.com X-Mail-from: choofnagle@law.berkeley.edu Received: from mx5.messagingengine.com ([10.202.2.204]) by compute2.internal (LMTPProxy); Mon, 09 Jun 2008 20:37:48 -0400 Received: from oracleapp2.Law.Berkeley.EDU (oracleapp2.Law.Berkeley.EDU [169.229.248.208]) by mx5.messagingengine.com (Postfix) with ESMTP id B7C366670E for ; Mon, 9 Jun 2008 20:37:46 -0400 (EDT) Received: from lb.Law.Berkeley.EDU by oracleapp2.Law.Berkeley.EDU with ESMTP id 1831815641213058243; Mon, 09 Jun 2008 17:37:23 -0700 Message-Id: From: Chris Hoofnagle To: Matthew Elvey In-Reply-To: <484DBEE4.50306@elvey.com> Content-Type: text/plain; charset=US-ASCII; format=flowed; delsp=yes Content-Transfer-Encoding: 7bit Mime-Version: 1.0 (Apple Message framework v924) Subject: Re: TD Ameritrade ID Theft Case Date: Mon, 9 Jun 2008 17:37:30 -0700 References: <4844A487.5080402@elvey.com> <4845A9A7.9060604@elvey.com> <776ECD1C-784D-4A3C-A7E7-1F609DB086A2@law.berkeley.edu> <4846DFEB.9070005@elvey.com> <484DBEE4.50306@elvey.com> X-Mailer: Apple Mail (2.924) Hi Matthew, no problem. You might try looking at the National Association of Consumer Advocates website to find class action counsel. C On Jun 9, 2008, at 4:38 PM, Matthew Elvey wrote: > Chris, > > I just realized I forgot to thank you. > Thanks so much for the info you sent; it's great! > I looked at the details of the '06 complaints; it looks like 2 of > them are consistent with abuse related to the ID theft/non- > disclosure I am suing over. I know that the gang that broke in > then manipulated junk stock prices via spam to the email addresses > they stole; they may have employed the stock trading identified in > these two cases to perform the same manipulation. > > 16 complaints * (8.4 million / 240000) * (24/6) = 2,240 > complaints / 2 years related to AMTD. > > Thanks again. If you want more info, let me know. > > I am trying to find an attorney familiar with class action law who > will advise me; my attornies have (illegally?) tried to coerce me > into signing the settlement; since I (nominally) have counsel > already, it's against policy for most folks to help me: the EFF and > Public Citizen have this policy. > > -Matthew > > > On 6/4/08 5:54 PM, Chris Hoofnagle wrote: >> Hi Matthew, >> >> I did a broader search of my complaint databases, and found >> Ameritrade mentioned in 7 complaints in 2006 and 9 in 2007. >> >> Keep in mind several methods problems (which are fully developed in >> my paper: "Measuring Identity Theft at Top Banks (Version >> 1.5)" (March 31, 2008). Available at SSRN: http://ssrn.com/abstract=1129511 >> ): >> >> -I sampled 3 months of data from 2006 and 2007, meaning that events >> could have occurred in other months. I have found that some >> companies will have a very low level of fraud for part of the year, >> and the fraud levels will spike dramatically in a single month. >> >> -I changed the way in which information was requested from the FTC >> for the 2007 data, in order to get a quicker disclosure. So, the >> 2007 data lacks many data elements as compared to the 2006 data. >> >> -The data comes from consumers who complete this form: https://rn.ftc.gov/pls/dod/widtpubl$.startup?Z_ORG_CODE=PU03 >> That should guide you to the meaning of some of the fields in the >> 2006 form. >> >> -Many, many consumers do not file complaints with the FTC. In a >> telephonic poll, Javelin Research found that 8.4 million people >> were victims of identity theft in 2007. However, the FTC only >> received about 240,000 complaints in 2007. So, for each individual >> who has the time, resources, capacity to actually file a complaint >> at the FTC, there are many other victims who didn't bother. >> >> Regards, >> Chris >> >> >> ____________________________________________________ >> Chris Jay Hoofnagle >> Senior Staff Attorney >> Samuelson Law, Technology & Public Policy Clinic >> Senior Fellow >> Berkeley Center for Law and Technology >> >> Center for Clinical Education >> University of California, Berkeley >> School of Law >> 396 Simon Hall >> Berkeley, CA 94720-7200 >> choofnagle@law.berkeley.edu >> 510.643.0213 (voice) >> 510-643-2362 (preferred fax) >> 510.643.4625 (pool fax) >> >> SSRN: http://ssrn.com/author=364326 >> Selected Works: http://works.bepress.com/chris_hoofnagle/ >> >> >> >> > -- Chris Hoofnagle choofnagle@law.berkeley.edu PLSC 2008: http://privacyscholars.com/ SSRN Information Privacy Law: http://www.ssrn.com/link/Information-Privacy.html