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by joecasson 2259 days ago
I agree with you on the risk.

This seems to have tremendous implications for any digital business. I'm reading into this a bit, but it seems that part of Square's case rested on the fact that White didn't actually want to do business with him. He may have just heard about the Shierkatz case from his friends' firm and then saw an opening for a class action.

If that's the case, just the passing intention to do business - real or not - becomes grounds? Yikes. I feel like I agree with the decision to have business be open to all consumers, but I didn't see much in the way of proof-of-intent on the plaintiff's behalf.

2 comments

This is the same nonsense discussion we are having with the unfiltered NSA data collection: you know it's happening, they say it's happening, but no one can have standing to sue because you know, you being spied on is secret.

Standing should never be the hurdle these kinds of claims fail on.

It seems you might be right:

> White was personal friends with a partner of Shierkatz RLLP, and he discovered the prohibition on debt collection in Square’s agreement after reading the court’s Shierkatz file.