The Cause of Action Institute (CoA Institute) filed D-Link’s Motion to Dismiss in response to the FTC lawsuit which claims are based on D-Link’s “failure to secure devices from cyberattacks!” The CoA Institute Motion was filed on January 31, 2017 and is set for a hearing on March 9, 2017 and stated that the FTC claims were merely “government overreach…without any evidence of consumer injury” and states that the FTC failed to support its allegations of that D-Linked to take reasonable steps to security routers and IP cameras, nor identify any specific security data breaches. As well the Motion contained this summary about the FTC’s lawsuit:
Pleading legal conclusions couched as hypothetical, speculative factual allegations requiring unwarranted deductions, as the FTC has done here, is insufficient.
This case will continue no matter what since the FTC now has an opportunity to file a Response to the CoA Institute’s Motion to Dismiss to which the CoA Institute will likely file a Reply. Even if the Motion to Dismiss is granted it is likely the federal judge will allow the FTC to refile its Complaint.