Liberty Mobile Puerto Rico Moves to Dismiss SIM Swap Complaint for Lack of Standing
The Dec. 18 SIM swap complaint in which Dagyana Ortiz-Nieves alleges Four Liberty Mobile Puerto Rico employees accessed her account without her authorization and failed to safeguard her personal information (see 2312190061) repeats “hundreds of legally deficient and insufficient allegations,”…
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said Liberty’s motion to dismiss Friday (docket 3:23-cv-01613) in U.S. District Court for Puerto Rico in San Juan. The complaint then “incorrectly and baselessly attempts” to hold Liberty liable for alleged disclosures of some “unspecified” personal information and “a swath of third-party actions and unfortunate incidents” that weren’t within Liberty’s control, it said. Ortiz-Nieves lacks Article III standing to sue Liberty for the conduct alleged because she fails to allege an injury-in-fact that's traceable to Liberty’s alleged conduct and that’s likely to be redressed by a favorable judicial decision, it said. Even if Ortiz-Nieves had Article III standing, which Liberty denies, the court would lack subject-matter jurisdiction over her federal claims, it said.