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Better Holdco Inc. v. Beeline Loans Inc.

Firm's Loss of Competitive Advantage Is Not 'Damage', 'Loss' Covered by CFAA

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OPINION AND ORDER Plaintiff Better Holdco, Inc. (“Better”) sued one of its competitors, Defendant Beeline Loans, Inc. (“Beeline”), alleging that Beeline misappropriated Better’s confidential information and trade secrets. The allegations concern the actions of a former Better employee that Beeline hired. Among the claims brought by Better is one under the Consumer Fraud and Abuse Act (“CFAA”), 18 U.S.C. §1030, in connection with that individual’s alleged accessing of Better’s Facebook Ad Manager Account after he left the company. Beeline now moves to dismiss that claim. For the reasons that follow, Beeline’s motion is granted, and Better’s claim under the CFAA is dismissed with prejudice for its failure to sufficiently allege “loss” under the statute. I. Background A. Factual Allegations¹ Better and Beeline are competitors in the home mortgage industry space. Dkt. 35 (“Amended Compl.”)

1, 20, 32. Better, which was founded in 2014, is larger and more well-established. Id.

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