Kochava filed a request for judicial notice Tuesday in U.S. District Court for Northern Idaho in Coeur D’Alene (docket 2:22-cv-00377) using comments from FTC Commissioner Christine Wilson on her plans to resign her post to support its motion to dismiss the FTC’s privacy complaint. The filing followed the FTC’s notice of supplemental authority Feb. 6 in support of its opposition to Kochava’s motion to dismiss (see Ref:2302070037]). Wilson voted with the FTC's Democratic majority in August to authorize the Kochava complaint.

Here are Communications Litigation Today's top stories from last week, in case you missed them. Each can be found by searching on its title or by clicking on the hyperlinked reference number.

Vermont National Telephone’s demand that the relevant time period for discovery should extend “to the present date” in its fraud claim about the 2015 AWS-3 auction should be denied, said defendants Dish Network and American AWS-3 Wireless in their Monday responses to VTEL’s motion to compel.

Match Group has “stonewalled every effort” by plaintiff Marcus Baker (“Plaintiff”) for more than a year and a half to pursue his biometric privacy claims in arbitration before JAMS (formerly Judicial Arbitration and Mediation Services) under terms imposed on him by the dating website, said Baker’s opposition Tuesday (docket 1:22-cv-06924) in U.S. District Court for Northern Illinois in Chicago. Baker opposes Match Group's Jan. 13 motion to dismiss his complaint on grounds that he breached his agreement to bring his claims exclusively in small claims court (see 2301170014).

The Cheesecake Factory hires third-party vendors such as Microsoft to embed JavaScript session replay code on its website for wiretapping purposes, alleged a Friday privacy class action (docket 3:23-cv-00272), in U.S. District Court for Southern California in San Diego.

Computer reseller CDW “demands compliance with several forms of extortion from its business partners,” alleged a fraud complaint Monday in U.S. District Court for Northern Illinois in Chicago (docket 1:23-cv-00868).

Decisions in the two interlinked cases involving the Communications Decency Act's Section 230 being argued before the Supreme Court next week could lead to many conflicts with state and international laws, force Congress to act, spawn waves of litigation or cause the cases to “dissolve like alka seltzer,” said legal and tech experts on a Brookings Institute virtual panel Tuesday on Gonzalez v. Google and Twitter v. Taamneh. “I think it is correct this will be the most important Supreme Court decision about the Internet possibly ever,” said Alan Rozenshtein, associate professor of law at the University of Minnesota Law School.

TransUnion denies it violated the Fair Credit Reporting Act (FCRA) by failing to delete inaccurate information from plaintiff Israel Mertz’s credit file after receiving notice of the inaccuracies in his Verizon account (see 2212300022), said its answer Monday (docket 7:22-cv-10938) in U.S. District Court for Southern New York in White Plains.

Publisher Macmillan “lost control” over the “litany” of highly sensitive personal identifiable information (PII) it stores for “thousands” of its current and former employees when cybercriminals “infiltrated its insufficiently protected computer systems in a data breach,” alleged plaintiff Victoria Batchelor of Tulsa in a fraud and negligence class action Monday (docket 1:23-cv-01217) in U.S. District Court for Southern New York.

The U.S. District Court for Southern New York should deny Jiakeshu Technology’s “misguided” motion to remand its petition to vacate an arbitration award to the same New York Superior Court from which Amazon removed it Nov. 29, said Amazon’s opposition Friday (docket 1:22-cv-10119).