McCreary v. Filters Fast LLC

McCreary v. Filters Fast LLC

Opinion

ORDER

THIS MATTER is before the Court on Defendant Filters Fast LLC's Motions to Dismiss. One motion was filed prior to the Amended Complaint (Doc. No. 10), and upon filing of the Amended Complaint, Defendant renewed their motions separately seeking dismissal pursuant to Federal Rule of Civil Procedure 12(b)(1), (Doc. No. 15), and 12(b)(6), (Doc. No. 17). The motions have been fully briefed by the parties and are now ripe for review. For the reasons stated herein, the court DENIES AS MOOT the Original Motion to Dismiss and DENIES the renewed Motions to Dismiss (Doc. Nos. 15, 17).

I. BACKGROUND

According to the Complaint, Defendant is an online retailer of home filtration products based out of North Carolina. [*2]  (Doc. No. 12, p. 10). Plaintiffs purchased merchandise from Defendant's website between August 2019 and July 2020. (Id.). Subsequently, each Plaintiff received a letter from Defendant dated August 18, 2020, "Notice of Data Breach," which stated:

In late February 2020, we were informed of a possible data security incident affecting our website. We immediately began investigating the potential issue. Our investigation included hiring an outside, expert forensics firm to analyze our systems and determine if there was a breach of our security. On July 20, 2020, that investigation revealed that attackers had succeeded in adding malicious code to our website on July 15, 2019, which allowed unauthorized individuals to capture certain information during the checkout process. We removed that malicious code on July 10, 2020, during an unrelated update of our website ending the unauthorized access to our website.

(Doc. No. 12 - 2, p. 1).

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