Macmillan to Seek Dismissal of Data Breach Complaint for Lack of Standing, It Tells Judge

Macmillan seeks leave to file a motion to dismiss the second amended data breach class action filed May 5 by plaintiffs Victoria Batchelor, Diana Griffin and Jaime Ariza (see 2305080002), the publisher told U.S. District Judge Analisa Torres for Southern New York in Manhattan in a letter motion Thursday (docket 1:23-cv-01217). Macmillan plans to argue the court should dismiss the complaint for lack of standing under Rule 12(b)(1), it told the judge. Macmillan concedes the plaintiffs allege they were victims of “attempted fraud,” it said. But no facts in the second amended complaint suggest the plaintiffs “suffered any actual resulting injury, and the allegations of increased risk of identity theft are insufficient,” it said. To the extent that the plaintiffs allege their damages include time spent reviewing account statements and credit reports for indications of identity theft, “such mitigation efforts are insufficient to establish an injury for standing,” it said.