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this post was submitted on 05 Dec 2023
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This is the best summary I could come up with:
The plaintiff—a former Brazilian foreign exchange student then living in West Virginia—argued that Amazon had inspected the camera three times and its safety team had failed to prevent allegedly severe, foreseeable harms still affecting her today.
An amended complaint included a photo from Amazon's product listing that showed bathroom towels hanging on hooks that disguised the hidden camera.
"These allegations raise a reasonable inference Amazon sold a camera knowing it would be used to record a third party in a bathroom without their consent," Chambers wrote.
To the contrary, Chambers wrote that "if proven," the plaintiff's physical harms are considered "severe" because "emotional trauma inflicted during a child’s 'tender years' has an 'indelible effect' from which 'they may never recover.'"
She has also alleged that Amazon "conspired" with the spycam seller to "market and distribute a defective product both knew was intended and used for illegal and criminal purposes."
Tech legal expert Eric Goldman wrote that a victory for the plaintiff could be considered "a dangerous ruling for the spy cam industry and for Amazon," because "the court’s analysis could indicate that all surreptitious hook cameras are categorically illegal to sell."
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