See my first post. Follow my links to related news coverage I’ve placed in the column on the right hand side, especially Network World (Paul McNamara) Article 3 and Wired Article 2, with important commentsNote, there are far more links to stories and coverage of this breach than I have time to link to, especially since the Associated Press has covered it, so it’s in hundreds of publications.  This site used to have RSS feeds, IIRC, but I don’t see them now.  As a workaround, if you want to follow this site, use this link in your aggregator. (Or copy this: feed:// . )

Bloggers' Rights at EFF

Note for new readers: Like on many blogs, only part of each article on the site appears son the main page. The bulk of the article becomes viewable if you click the “(more…)” tag that appears at the end of the teaser text. Like this:In this case, there is only this text. In all other cases, the bulk of the article appears here, on the article’s own dedicated web page.  If you’re new here or found this useful, or just want to offer your support, please add a comment.  I will keep the comment private, if you prefer.

2 Responses to “About”

  1. Nate Ogden Says:

    I don’t want any part of this settlement, I already have a lifetime supply of these settlements that do nothing but enrich the attorney. What can I do to help make sure current council is dismissed and we either get compensation worth having or the suit goes to court?

    1. Hi, Nate. There’s lots you can do. (I started writing a post about objecting, but had to deal with something else before I had a chance to finish and post it.) Here’s my advice:

      First, object! You have to object in writing per the notice you (should have) received by July 9th (7/9/09). Your objection must include the name and number of the case; send it to:

      In re. TD AMERITRADE Account Holder Litigation (A.K.A. Elvey v. TD Ameritrade)
      Case No. C 07 2852 VRW
      Clerk of the United States District Court for the Northern District of California
      450 Golden Gate Ave.
      San Francisco CA 94102

      (IANAL, but I think regular mail is fine; the court docket notes every objection, and I’ve noticed a couple objectors are bothering to use certified mail. Again, IANAL, but the proof requirement so vague, I’d consider providing the other required info to be sufficient, as TD Ameritrade knows everyone in the class. ) I suggest you put some time into the letter; go into detail about why you’re objecting and why it’s neither fair nor reasonable, but be persuasive; don’t rant. Perhaps describe what you think a fair and reasonable settlement would look like. I’m astounded that while TD Ameritrade has given some customers identity theft monitoring and 50 free trades, and has done nothing to prove it has improved its security one iota while executing a big cover-up/disinformation campaign, the court is considering this settlement might be acceptable. And how come I’m getting stiffed instead of rewarded for standing up for the class? Feel free to also say something like “In addition, I object because of the wrongs and reasons stated in the complaint, in Matthew Elvey’s brief and both Texas’s letter of objection and letter outlining specific changes.” If you think no settlement would be better than this one, say so.

      Second, if you’re willing to devote more time to this:

      A)If you are local, consider showing up in court on 9/10/09. You MUST note in your objection that you plan to do so. (You can always not show if something comes up.)

      B)You can contact attorneys that specialize in class actions and ask them if they’re interested in proposing to the court that they take over as class counsel. I have contacted a number, but even asking one again would be useful, as the situation has been changing; let me know if you do and I’ll keep track. I’m happy to speak to any potential counsel and provide copies of documents to facilitate their evaluation of the case. Because of what’s happened, a qualified law firm that proposes to be named lead counsel is likely to be appointed by the judge, and is entitled to compensation if their participation results in improved benefits to the class – including for non-financial benefits.

      C)Expect to see this go to appeal if the settlement is approved.

      D)Talk to your friends; ask them if they have accounts and if they know their SSN was compromised… Make a YouTube video. Write your newspaper.

      E)Call the Texas Attorney General’s office. Ask them why they backed down twice; they said the settlement was unacceptable, explained why, and then apparently backed away on their principles twice even though most of the problems they said needed fixing (including all the most important ones) were in fact not addressed at all.

      (The the short and medium form notices don’t mention it, but long form also says to send copies to
      Class Counsel:
      KamberEdelson, LLC
      350 North LaSalle, Suite 1300
      Chicago, IL 60654
      Defendant’s Counsel:
      Mayer Brown LLP
      71 S. Wacker Drive
      Chicago, IL 60606)

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