Acrison, Inc. (“Acrison”) files this complaint in the District of New Jersey on February 3, 2024. It alleges one count under the Computer Fraud and Abuse Act (“CFAA”), 18 U.S.C. § 1030. Defendants are Brach Eisler LLC (“Brach Eisler”), a law firm, and XDD, Inc. (“XDD”), a computer services company.
The CFAA contains the following provision:
18 U.S.C, § 1030(g): No action may be brought under this subsection unless such action is begun within 2 years of the date of the act complained of or the date of the discovery of the damage.
Brach Eisler and XDD file a joint Motion to Dismiss under FRCP 12(b)(6). They argue that the complaint is untimely, in that Acrison failed to plead facts showing the complaint was timely filed.
In response to the motion, Acrison argues: 1) the statute of limitations is an affirmative defense that cannot be raised on a 12(b)(6) motion, and 2) if the issue can be raised on a motion to dismiss, the motion should be denied.
As the court, decide the motion.
