Defendants Seek Dismissal in Case on Daniel's Law Constitutionality
Defendants in a case about the constitutionality of New Jersey's Daniel's Law asked the U.S. District Court for New Jersey to halt the proceedings because plaintiff Atlas Data Privacy hasn't stated a claim.
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The New Jersey statute is aimed at protecting the personal information of certain public servants, including judges, law enforcement and their families (see 2503110077). Atlas is a data-removal service.
The defendants, including background-check companies The People Searchers and We Inform, said their actions "were entirely outside of New Jersey," therefore Daniel's Law could not apply. "Plaintiffs’ interpretation seeks an absurd result: that New Jersey law regulates conduct of all entities in the entire country, entire continent, and hemisphere (and beyond)," which is "overly simplistic and wrong."
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 Court of Appeals (see 2504040031).
Atlas Data has fought previous efforts to dismiss district court case 24-04037, asserting that it has identified allegations to establish each element of a Daniel's Law claim (see 2505060061).