The U.S. District Court for the Southern District of California recently granted Wilshire Consumer Capital’s (WCC) motion to deny class certification in a putative class action filed under the Telephone Consumer Protection Act (TCPA).
The named plaintiff, Alu Banarji, filed suit after receiving numerous telephone calls on her cell phone.  According to the Court,

The Fourth Circuit recently held that the Consumer Fraud and Abuse Act’s (“CFAA”) prohibitions against unauthorized access or access in excess of authorization were not violated by an employee when the employee used his valid access to employer’s computer network to download confidential business information that he later used while working for a competitor.

Prior

As previously discussed, the federal appeals court in San Francisco had reinstated an indictment charging a former employee of Korn/Ferry International, Inc., with violations of the Computer Fraud and Abuse Act, 18 U.S.C. § 1030 (the “CFAA”) for trying to start a business that would compete with his former employer. Now, however, at