In re Yahoo! Inc. Customer Data Sec. Breach Litig.

Plaintiffs Kimberly Heines, Hashmatullah Essar, Paul Dugas, Matthew Ridolfo, Deana Ridolfo, Yaniv Rivlin, Mali Granot, Brian Neff, and Andrew Mortensen (collectively, "Plaintiffs") bring a putative class action against Defendant Yahoo! Inc. ("Yahoo"). Plaintiff Brian Neff also brings a putative class action against Defendant Aabaco Small Business, LLC ("Aabaco") (collectively with Yahoo, "Defendants"). Before the Court is Defendants' motion to dismiss Plaintiffs' First Amended Consolidated Class Action Complaint ("FAC"), ECF No. 196. ECF No. 205 ("Mot."). Having considered the parties' submissions, the relevant law, and the record in this case, the Court hereby GRANTS in part and DENIES in part the motion to dismiss.

I. BACKGROUND

A. Factual Background

Defendant Yahoo was founded in 1994 and has since grown into a source for internet searches, email, shopping, news, and many other internet services. FAC ¶ 32. One of Yahoo's most important services is Yahoo Mail, a free email service. Id. ¶ 33. Plaintiffs allege that "[m]any users have built their digital identities around Yahoo Mail, using the service for everything from their bank and stock trading accounts to photo albums and…