A California federal judge has ruled that a former Uber driver who is suing Uber in a proposed class action case was unable to show that he suffers an immediate threat of identity theft and dismissed the driver’s first amended complaint.

The driver alleges that Uber failed to keep his personal information, and that of 50,000 other Uber drivers safe, and the information was hacked and released in a data breach in March of 2014. The information accessed included drivers’ names and license numbers. The plaintiff alleged that the information was used to open a Capital One credit card.

The Judge balked and said that “It is not plausible that a person could apply for a credit card without a Social Security number.”

This case continues the long line of cases that hold that a plaintiff in a data breach case is unable to show standing to sue if there is no imminent or immediate threat of harm.

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