Comment on Hotels have developed a new revenue stream: "algorithmic" smoke detectors
socsa@piefed.social 2 days agoUnfortunately, at a certain point their "data" will just trump your affidavit that you didn't smoke. You'd really have to press the issue to get beyond that, and pay to have expert testimony and technical reviews of the sensor.
LilB0kChoy@midwest.social 2 days ago
A lawyer will send a demand letter, not an affidavit.
An affidavit is for sworn testimony given under oath by someone who is unwilling or unable to appear on the witness stand.
A demand letter is a formal written request for action or payment prior with a threat of legal action for noncompliance.
If they ignore the demand letter then the next step is a civil suit. Depending on the amount this might end up in small claims. Also, tort cases only require a preponderance of evidence.
A preponderance of evidence essentially means you only have to prove something is more likely than not which, in this case, would be pretty easy. The big issue is the expense of this process almost makes it not worth it.
The American legal system favors those with resources.
socsa@piefed.social 2 days ago
That's what I'm saying though - it will come down to sworn testimony, and their data from the sensor will likely constitute a preponderance of evidence.
LilB0kChoy@midwest.social 2 days ago
The burden is on the plaintiff, not the defendant. Whomever brings the suit needs to prove that it’s more likely than not that they’re were incorrectly fined.
Since these devices se to basically be VOC sensors it wouldn’t be that hard to do this.
aidan@lemmy.world 1 day ago
To a non-technically literate judge/jury. Many people just trust “the data” or “the authority” or “the technology”.