District Court of Colorado Dismisses CFAA Claim for Failing to Adequately Plead Cause of Action and Loss

The District Court of Colorado granted the Plaintiff’s Motion to Dismiss the Counter-Defendants’ Computer Fraud and Abuse Act claim for two reasons: (1) Defendants failed to comply with federal pleading standards by only reciting the elements of the claim without any supporting factual allegations; and (2) Defendants failed to properly allege a “loss” but, instead, simply asserted that the value the Plaintiffs gained exceeded $5,000. International Academy of Business and Financial Management v. Mentz, 2013 WL 212640 *10-11 (D. Co. Jan 18, 2013). As regular readers of this blog know, the loss requirement has been a frequent topic of discussion so this is no surprise.

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