Computer Fraud and Abuse Act

Most states offer statutory remedies for offenses relating to unauthorized access or computer-related information or trade secrets.  New Jersey is one such state, and a recent case illustrates specific pitfalls with pleading claims under these acts.  Read on to learn CPW’s take.

In Display Uk v. Ground Support Labs, 2021 N.J. Super. Unpub. LEXIS

In Wesch v. Yodlee, Inc., 20-cv-05991 (N.D. Cal.) individual consumer plaintiffs brought a putative class action against defendants Yodlee, Inc. and its parent company Envestnet, Inc.  Yodlee provides software to financial institutions to facilitate online transactions.  Plaintiffs accuse defendants of secretly collecting and retaining their user information without their consent, and selling that information

It is a reoccurring issue in data privacy litigation—a plaintiff commences litigation challenging applications of new technology and raising various claims concerning decades-old data privacy laws that predated the technology at issue.  Such is the case of recent data scraping litigation, addressed in greater detail below.

What is data scraping?  Good question.  To generalize, it