Arience Builders, Inc. v. Baltes, No. 08 C 921, 2008 WL 2580166 (N.D. Ill. Jun. 17, 2008) (Bucklo, J.).
Judge Bucklo denied defendant’s Fed. R. Civ. P. 12(b)(6) motion to dismiss plaintiff’s Computer Fraud and Abuse Act (“CFAA”) claim challenging whether plaintiff sufficiently pled a “transmission.” The Court held that plaintiff’s allegations that defendant used “a code and/or command” to “delete and/or change” plaintiff’s computer and electronic files constituted a transmission. The allegations went well beyond simply pressing a delete key, which the Seventh Circuit held was not a CFAA transmission in Airport Ctrs., LLC v. Citrin, 440 F.3d 418, 419 (7th cir. 2006).