Atlas Data Privacy Corp. v. We Inform, LLC

Summary

The Court held that Daniel’s Law imposes no mental-state requirement for actual-damages liability under N.J.S.A. 56:8-166.1(c)(1). It reached that conclusion from the statute’s text, the Legislature’s express inclusion of mental-state requirements elsewhere, and the deletion of negligence-like language in a later amendment. The Court declined to determine whether Daniel’s Law is constitutional, leaving that issue for the federal court.