Data Breach Allegations ‘Woefully Insufficient’ to Confer Standing, Says AudienceView
The plaintiffs’ arguments of injury arising from the February data breach “perpetuated” against AudienceView Ticketing (see 2307260019) “are wholly unsupported by the facts,” and their consolidated complaints “must be dismissed for lack of standing,” said AudienceView’s memorandum of law Monday…
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(docket 1:23-cv-03764) in U.S. District Court for Southern New York in Manhattan in support of its motion to dismiss. Despite the “limited nature of the information potentially impacted” in the data breach, the plaintiffs claim “they are at an imminent risk of identity theft,” said AudienceView. They also allege “a litany of damages,” including invasion of privacy, financial costs, loss of time and productivity, loss of benefit of the bargain and continued risk to their personal identifiable information, it said. One of the plaintiffs, Richard Toledo, “purports to allege that there were fraudulent charges on his credit card” as a result of the data breach, but the allegations in the complaint “make clear that such an allegation is entirely implausible and, indeed, impossible,” it said: “These allegations are woefully insufficient to confer standing.”