LOS ANGELES (Legal Newsline) – A motion to dismiss has been filed by the University of Southern California against a class action lawsuit accusing the college of violating the Fair and Accurate Credit Transactions Act (FACTA).

According to the memorandum filed June 22 in the U.S. District Court Central District of California, the plaintiffs Elizabeth Alvarado and Jose Ramos failed to produce facts supporting the plausibility of their claim. USC further argues the complaint was filed without alleging “actual harm” and without arguing that the violation was committed willfully by the university under FACTA.

Alvarado and Ramos filed their complaints on April 18 against the University of Southern California and 10 other unidentified defendants alleging more than the last five digits of their credit card numbers had been printed on receipts they received from the university.

They claim to have suffered damages from possible having their card information compromised and are seeking an injunction against the university for preventing further incidents, statutory damages, punitive damages, courts costs, and any other relief the court decides to grant.

The university’s attorneys, however, assert the plaintiffs are not alleging they were victims of identity theft or that their information was actually compromised and stolen - nor are they alleging the university had “knowingly or recklessly” made their information public.

From the defense's stance and interpretation of the FACTA, harm to a party must have occurred or facts proving intent to cause harm must be presented in order to sue under the federal law.

The University of Southern California is represented by attorneys Ekwan E. Rhow and Andrew McTernan of Bird, Marella, Boxer, Wolpert, Nessim, Drooks, Lincenberg & Rhow PC in Los Angeles.

U.S. District Court for the Central District of California, Western Division Case number 2:17-cv-03671-GW-AJW 

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