A number of class actions have recently been filed in federal district courts, predicated, in part, on alleged violations of the federal computer crime statute, the Computer Fraud and Abuse Act, complaining of tracking software placed on iPhone and Android devices and unwanted text messages. Decisions in these cases have implications for filing a valid CFAA civil action.
CFAA provides a civil remedy — compensatory damages and injunctive relief — for “[a]ny person who suffers damage or loss by reason of a violation of this” criminal statute. In ruling on motions to dismiss the CFAA claims in these class actions, the courts have highlighted two critical elements of the CFAA that are common to most CFAA civil actions: first, whether the access to the targeted computer, in these cases a phone, was without authorization; and, second, whether the victims of the computer crime suffered the requisite $5,000 statutory damage or loss.
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