This seems analogous to the following.
A company asks users to fill out an online survey in exchange for participation in some raffle, except the company never pays out any prize.
As with the job application there was never a guaranteed reward, but it's still easy to see the damage. The company induced to you to provide them with an economically valuable asset (filled out survey/application) for which you expected a fair chance at a reward.
It seems plausible that you could claim damages at least up to the expected value.
>So never being offered a job because it doesn't exist doesn't lose you anything.
Ah well look, if the job posting was just to collect resumes with zero intention to actually hire, you did lose some things:
- actual time spent applying to a job that was never open
- emotional damage on focus to try to get this job
- loss of free market value of your data (company profited from this data, when you could have profited from it)
- damages for acquisition of your personal data under a fraudulent basis (when otherwise, maybe you did not want your data shared)
