Ddos can knock out your service for long periods of time which at a minimum is destruction of private property(the actual service you pay for) and potential business interruption if you work from home. Bungie has acknowledged these types of attacks and claims to do something but a simple YouTube search proves they do nothing.
Would not be hard to prove a Willful Negligence claim but the damages are very small unless you go for class.
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Let’s be honest unless your a bungie employee doing a whistle blow you can’t actually prove they aren’t doing anything about it They may have a person dedicated to looking into that very problem and then it’s not bungie but that person All bungie need to do is prove either on paper or by other means that they actually are trying and any suit will be thrown out And if by chance you want to drag it out your looking at a 5 year minimum before every option bungie has expires