Legal Action Against Website

Summary

You can pursue legal action against a third-party website for breach of contract and negligence if they refuse to delete your personal information, even if the initial disclosure was by your school. Highlight their failure to comply with their privacy policy and relevant laws like FERPA and CCPA. Sending a demand letter doesnt require a lawyer, but having one can ensure its effective. Consider consulting a lawyer to draft or review the letter, clearly stating the violations, relevant laws, and your demands with a compliance deadline. Document all attempts to contact the website for a stronger case.

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my school without consent disclosed pii when i was a minor, I contacted them and theyre contacting the third-party websites to rectify the mistakes and protect my pii. before i spoke to the school i tried on my own and * of the sites i requested deletion from which i followed their toc and privacy guideline format denied request even though im in ca and they say they follow ferpa and other privacy and minor laws. they ignored my other mail too. I have a demand letter for them. if I chose to pursue legal remedies if they dont comply how would I express the breach of contract and negligence of protecting my info if they weren't the ones that disclosed the information in the first place it was my school which is actually helping and rectifying their actions? if I were to go to court I should be suing my school however since they're helping me I have no reason to, however the website that denied deletion of my info is acting in a way that is not helping and harming which i do want to sue
Hi Jake! Given your situation in California, you might consider the following:
- Breach of Contract: Point out that the website failed to comply with their privacy policy and terms of service.
- Negligence: Argue that they neglected to protect your PII, violating FERPA and California privacy laws (CCPA).
Have you contacted a lawyer for more specific advice?
but ince the school is the main person that breached the contract they only mishandled the info would that be something even possible if i dont pursue legal action on the school since they are helping but on 3rd party since they chose to ignore?
You can still pursue legal action against the third party for breach of contract and negligence. Emphasize that the website failed to comply with their own terms and privacy policies, as well as state and federal laws (FERPA and CCPA). Have you documented all your attempts to contact the website?
yes. i want to know though if i send a demand letter would that typically have to be send with the help of a lawyer or attorney or is that smething else.
You can send a demand letter without a lawyer, but having one draft or review it could ensure it's more effective and legally sound. A lawyer can also help you articulate the breach of contract and negligence claims clearly and persuasively. Have you considered consulting a lawyer for this purpose?
yes. i want to know though if i send a demand letter would that typically have to be send with the help of a lawyer or attorney or is that smething else.
Jake, sending a demand letter doesn't necessarily require a lawyer, but having one can ensure it's legally sound and effective. Here's how you can proceed:
- Clearly state the violations (breach of contract, negligence).
- Include relevant laws (FERPA, CCPA).
- Specify your demands and a deadline for compliance.
Would you like some guidance on drafting the letter?