AudienceView Allegations ‘Woefully Inadequate’ to Confer Standing, Say Defendants

On its face, it’s clear that the plaintiffs’ arguments of injury in the two consolidated fraud class actions against AudienceView Ticketing and UniversityTickets.com stemming from a massive data breach in February “are wholly unsupported by the facts” surrounding the breach, said the defendants’ memorandum of law Nov. 17 (docket 1:23-cv-03764) in U.S. District Court for Southern New York in Manhattan in support of their motion to dismiss (see 2310270026). The complaint must be dismissed for lack of standing, said the memorandum. Despite the limited nature of the personally identifiable information (PII) that was exposed in the breach, the plaintiffs implausibly claim they are at an imminent risk of identity theft, it said. While the plaintiffs “purport to allege actual misuse of their PII” as a result of the breach, 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.”