THE SNOWJOB TD Ameritrade’s PR goons pulled is unraveling.  UCAN’s Privacy Rights clearinghouse run by Beth Givens has corrected its database entry for the breach.  Attrition.org/datalossdb.org  have corrected their entry.  Both now indicate that social security numbers were compromised.

Today is the hearing on approval of the settlement –  at 10 AM (September 10th) in Courtroom 6, 17th Floor, 450 Golden Gate in San Francisco. Wish me and my Allied Forces luck.   I expect several parties will/won’t speak:

  1. Gretchen M. Nelson of the law firm of Kreindler & Kreindler LLP will speak on behalf of objector Richard Holober, and will be seeking to replace KamberEdelson as lead plaintiff’s counsel.
  2. Theodore “Ted” Frank, formerly of the American Enterprise Institute, will be arguing again, I expect, that despite the judgments of experts at PRC and DLDB linked to above, and the overwhelming, heavily corroborated direct evidence, that there is no evidence emails, let alone SSNs, were compromised.
  3. Other objectors may speak directly or through counsel.  We won’t hear from Glennis V. Bell, who excluded himself.  He thinks the breach didn’t affect him because he doesn’t use or have a computer!  His objection is strong evidence that the notice was inadequate; that thought is nonsensical, since the case is about not just spam, but identity theft and identity fraud using compromised SSNs and other data.  It seems Virginia Brault, Jack Tanner and Rebecca A. Borgman think the same, i.e. appear to have been successfully misled into thinking that this case is simply about stock spam.  Their notices to the court are very strong evidence that the notice was inadequate.
  4. David and/or Elli Weinstein will probably speak about their interesting objections.
  5. I’ll be represented as before by Greg Beck of Public Citizen and Mark Chavez of Chavez Gertler.
  6. KamberEdelson’s and TD Ameritrade’s attorneys will be arguing for final approval of the settlement.
  7. California Attorney General Edmund G. Brown Jr is too busy running for governor to do his job by filing (directing his staff to file) an objection; please call his office at (800) 952-5225 about this; let me know if you do.
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