Wyndham Capital Mortgage Says Data Harm Risk Not Enough for Suit

Jan. 26, 2021, 5:31 PM UTC

A proposed class action alleging losses of personally identifiable information against Wyndham Capital Mortgage Inc. should be dismissed for lack of federal standing, the company is arguing in a North Carolina federal court.

Plaintiff Ethan Darnell failed to show how the loss of his information caused him the injury-in-fact necessary to bring claims, the mortgage provider argued in a motion to dismiss filed Monday in the U.S. District Court for the Western District of North Carolina.

Darnell’s information wasn’t hacked or stolen—it was inadvertently sent by a Wyndham employee to an incorrect email address, the company alleged in a memorandum ...

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