UPM “fraudulently tapped” into its roaming agreements with U.S. mobile carriers, “surreptitiously routing calls to Digicel Haiti’s home network from third parties who are not Digicel Haiti customers,” Digicel Haiti said, responding to UPM’s Feb. 21 complaint alleging it violated the Communications Act by banning resale of UPM’s telecommunications service (see 2302270073). Its answer was posted Friday (docket 23-64) at the FCC Enforcement Bureau.

Defendant Samsung and the plaintiffs in the 16 Samsung data breach class actions propose a May 22 deadline for the filing of a consolidated amended complaint, said their joint agenda and status report (docket 1:23-md-03055) on the multidistrict litigation, filed Thursday in U.S. District Court for New Jersey in Camden.

The 5th U.S. Circuit Court of Appeals denied Consumers' Research's challenge of the FCC's method for funding the USF under the nondelegation doctrine, in a ruling Friday (see 2212060070). The FCC "has not violated the private nondelegation doctrine because it wholly subordinates" the Universal Service Administrative Co., the court said, noting Congress "supplied the FCC with intelligible principles when it tasked the agency with overseeing" USF.

Telecom law has a “squishy” standard for finding conflict between state and federal USF rules, said U.S. Magistrate Judge Laurel Beeler for Northern California in San Francisco at a virtual motion hearing Thursday. T-Mobile and subsidiaries want the court to preliminarily enjoin a $1.11 monthly per-line fee from taking effect April 1 in the state (see 2303100046). Beeler said she plans to issue a decision by Monday (docket 3:23-cv-00483).

Amazon engages in unsolicited text messaging and continues to text-message consumers after they opt out of its solicitations, alleged plaintiff Jennifer Holt’s Telephone Consumer Protection Act class action Thursday (docket 6:23-cv-00104) in U.S. District Court for Eastern Oklahoma in Muskogee. Amazon’s unsolicited text message “spam” caused Holt and members of the proposed class harm, “including violations of their statutory rights, trespass, annoyance, nuisance, invasion of their privacy, and intrusion upon seclusion,” it said.

The significant wireless service gap alleged in AT&T’s Dec. 22 complaint against the village of Oyster Bay Cove, New York, “has remained unremedied for years,” said AT&T’s portion of a joint status report on their three-month-long legal dispute (docket 2:22-cv-07807), filed Wednesday in U.S. District Court for Eastern New York in Central Islip. The impasse continues despite Telecommunications Act mandates ensuring wireless coverage for all, and despite the village having made property available for AT&T’s proposed 85-foot-tall cell tower to remedy the service gap, said the report.

Plaintiff Dennis Gromov’s March 3 opposition to Belkin’s motion to dismiss his false advertising complaint (see 2303060037) provides “no justification” to save his claims from dismissal, said Belkin’s reply Wednesday (docket 1:22-cv-06918) in U.S. District Court for Northern Illinois in Chicago.

Altice’s motion to dismiss the recording industry’s contributory copyright infringement complaint rests on the “false premise” that Altice, as an internet service provider, “can never be held liable under any legal theory for copyright infringement committed by its customers using its services on its watch,” said the plaintiffs’ sur-reply Monday (docket 2:22-cv-00471) in U.S. District Court for Eastern Texas in Marshall in opposition to the motion.

The Republican attorneys general of Louisiana and Missouri, plus the private plaintiffs in the social media censorship lawsuit against the Biden administration, seek leave to amend their complaint to add class allegations and to certify a class, said their motion Monday (docket 3:22-cv-01213) in U.S. District Court for Western Louisiana in Monroe. The defendants oppose the motion, it said.

AT&T moved the U.S. District Court for Middle Florida in Orlando to compel the SIM swap claims of plaintiff Al Weiss to arbitration and to stay the case pending the completion of arbitration, said its motion to compel Monday (docket 6:23-cv-00120).