Bankhead v. Amazon.com, Inc.
3:24-cv-00167
N.D. Ga.May 15, 2025Background
- Plaintiff L. Rochelle Bankhead alleges her Amazon account was compromised by an individual previously in a personal relationship with her, resulting in unauthorized purchases and access to her accounts.
- Bankhead claims Amazon failed to prevent additional unauthorized access and did not adequately or promptly address the breach despite her reporting the issue and changing her password.
- Amazon removed the unauthorized party's email but refused to reimburse Bankhead for a MacBook purchased by the intruder.
- Bankhead filed suit asserting violations of the Federal Trade Commission Act (FTCA), Computer Fraud and Abuse Act (CFAA), and common law negligence.
- Defendants moved to dismiss for failure to state a claim; Plaintiff sought leave to amend her complaint, which contained the same legal theories.
- The Court ruled only on the original complaint, denying leave to amend as futile and granting the motion to dismiss.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| FTCA claim | FTCA violated by Amazon's conduct regarding security breach | FTCA provides no private right of action | Dismissed; no private right. |
| CFAA claim | Amazon liable for allowing access to Plaintiff's account | Amazon was not the violator; did not access account themselves | Dismissed; not actionable. |
| Common law negligence | Amazon owed duty to safeguard Plaintiff's personal info | No such duty exists under Georgia law per recent precedent | Dismissed; no legal duty. |
| Leave to amend complaint | Amendment should be permitted | Amendment would be futile—claims remain insufficient | Denied as futile. |
Key Cases Cited
- Bell Atl. Corp. v. Twombly, 550 U.S. 544 (Rule 12(b)(6) pleading standard)
- Ashcroft v. Iqbal, 556 U.S. 662 (plausibility standard for pleadings)
- Chandler v. Sec’y of Fla. Dep’t of Transp., 695 F.3d 1194 (application of the Twombly standard)
- Department of Labor v. McConnell, 828 S.E.2d 352 (no general legal duty to protect private information)
- In re Equifax Inc. Customer Data Security Breach Litigation, 999 F.3d 1247 (distinguished; predated McConnell on Georgia duty of care)
- Shipner v. E. Air Lines, Inc., 868 F.2d 401 (liberal amendment policy for pleadings)