Macmillan Motion to Dismiss Data Breach Case Should Fail, Say Plaintiffs

Macmillan’s forthcoming motion to dismiss a data breach class action for lack of standing (see 2305190027) “will fail” because the breach harmed the plaintiffs and their second amended complaint established their claims, counsel for plaintiffs Victoria Batchelor, Diana Griffin and Jaime Ariza wrote U.S. District Judge Analisa Torres for Southern New York in a letter Monday (docket 1:23-cv-01217). Batchelor suffered multiple fraudulent withdrawals from her bank account, and someone stole her identity and attempted to buy an $800 iPad, said the letter. Griffin was locked out of her checking account for weeks after multiple fraudulent transactions, while Ariza had a fraudulent bank account opened in his name and had his contact information changed with his credit card, it said. The plaintiffs “have standing to sue Macmillan because its misconduct harmed them,” it said. The plaintiffs ask the court to schedule Macmillan’s motion for briefing, it said. In light of the parties’ June 14 mediation, setting the briefing schedule to start after that date would preserve the resources of the parties and the court and allow the parties to focus their efforts on resolution, it said.