These are the points in the case which brought me to ask the questions above for which Sarettah calls me an idiot.
179. A violation of the ITPA requires that the business restore any moneys or
property unlawfully acquired as a result of the breach to the Customer, and imposes a civil penalty of $10,000.00 for the first offense, and $20,000.00 for each subsequent offense.
N.J.S.A. § 56:8-163 et seq.
180. As hereinabove alleged, NATS system was defective and/or intentionally
designed to include Security Vulnerabilities.
181. As a result of such Security Vulnerabilities, upon information and belief,
NRM and each Class member’s computer servers have been invaded and the security of the Personal Information, as defined by the ITPA, contained on and/or transferred through such servers was breached.
182. Upon information an belief, that with respect to Affiliate Programs that
continue to use NATS, such breach is on-going.
183. As evidenced by the TMM Defendants December 2007 statement published on the GFY Board, the TMM Defendants are aware that the security of the Personal Information, as defined by the ITPA, contained on and/or transferred through the servers of NATS users was breached.
184. Upon information an belief, the TMM Defendants are aware that the security of the Personal Information maintained and/or transferred through the servers of Affiliate Programs that continue to use NATS, continues to be breached.