Miscellaneous

No Heightened Pleading Required for CFAA Claims

Allegations that former contractors have wrongfully accessed corporate bank accounts, changed protected computer passwords, and caused the wrongful transfer of electronic funds are sufficient to set out a colorable claim under the federal Computer Fraud and Abuse Act, even though they do not meet the heightened pleading requirements of Rule 9(b), the U.S. District Court for the District of Utah held Oct. 17 (Zero Down Supply Chain Solutions Inc. v. Global Transportation Solutions Inc., D. Utah, No. 2:07-CV-400, 10/17/08).

The court said that CFAA claims require only notice pleading. ?The Moving Defendants have cited no case law, nor does the text of the statute itself suggest, that a claim under the FCFAA requires pleading with particularity,? Judge Tena Campbell said. ?The Court finds that notice pleading is sufficient with regard to Plaintiffs' FCFAA claims.?

The plaintiffs would have to prove the veracity of their allegations at trial, the court said, but concluded that the claims were, as plead, sufficient to withstand a motion to dismiss.

Full text at http://pub.bna.com/ctlr/07cv400_101708.pdf

Full post as published by Federal Civil Practice Bulletin on November 13, 2008 (boomark / email).