Atlas Data: Court Should Deny Dismissal of Daniel’s Law Constitutionality Case
Data removal service Atlas Data Privacy fired back Monday against a motion to dismiss a case about the constitutionality of a New Jersey statute aimed at protecting the personal information of certain public servants, including judges, law enforcement and their families.
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Since Daniel’s Law was amended in 2023 to allow third parties to bring claims on behalf of a covered person, Atlas has filed a slew of claims against data brokers, including two that are the focus of a case in front of the 3rd Circuit (see 2504040031).
A coalition of defendants, including background-check companies The People Searchers and We Inform, asked the U.S. District Court for New Jersey in March to dismiss the case for lack of jurisdiction. In addition, they said section 230 of the Communications Decency Act of 1996 protects the publication of home addresses and other personal information on the internet.
Atlas challenged the companies' motion to dismiss, claiming their "recycled legal arguments ... have been rejected time and again by multiple courts.”
“Plaintiffs’ detailed Complaints clearly identify allegations sufficient to establish each element of a Daniel’s Law claim,” which meets “minimal burden to plead facts supporting the elements of a Daniel’s Law claim,” Atlas said.