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Feldman v. Comp Trading LLC

SCA, CFAA Claims Pleaded Where 'Cloud' Accessed to Steal Communications, Trade Secrets

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MEMORANDUM AND ORDER Plaintiffs Joseph Feldman and Vanderbilt Home Product, LLC, bring this action against Comp Trading, LLC and several of Comp Trading’s members. Plaintiffs allege that defendants violated the Stored Communications Act (“SCA”), 18 U.S.C. §2701, et seq., and the Computer Fraud and Abuse Act (“CFAA”), 18 U.S.C. §1030, by accessing Feldman’s email account without his authorization. Defendants have moved to dismiss the complaint for failure to state a claim. For the reasons set out below, the motion to dismiss is denied. BACKGROUND Plaintiffs are Joseph Feldman, an individual and a former member of the New York limited liability company Comp Trading, LLC (“Comp Trading”), and Vanderbilt Home Products, LLC (“Vanderbilt”), a New Jersey limited liability company whose principal place of business is in New York. Compl.

3, 4 (Dkt. #1). Plaintiffs filed the initial complaint in this case in August 2019, alleging violations of the SCA and CFAA. Id.

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