Communications Litigation Today is tracking the below lawsuits involving appeals of FCC actions. Cases marked with an * were terminated since the last update. Cases in bold are new since the last update.
Wondershare Software violated California’s Automatic Renewal Law (ARL) by failing to present its subscription terms in a clear and conspicuous manner, alleged a fraud class action Friday (docket 2:24-cv-01314) in U.S. District Court for Central California in Los Angeles.
Both sides during oral argument Friday at the 2nd U.S. Circuit Appeals Court in New York Attorney General Letitia James’ (D) appeal to reverse the injunction that bars her from enforcing New York’s Hateful Conduct Law (see 2310160001) gave less than definitive answers when asked by the three-judge panel whether a ruling in James’ appeal should await the U.S. Supreme Court's resolution of NetChoice’s First Amendment challenges to the Florida and Texas social media content-moderation laws (see 2311300012).
Petitioners Maurine and Matthew Molak want the 5th U.S. Circuit Court of Appeals to “disregard the statutory requirement” under Communications Act Section 405(a) that persons who weren’t parties before the FCC file a petition for reconsideration as a “condition precedent” to seeking judicial review, said the FCC and DOJ reply Friday (docket 23-60641) in support of their motion to dismiss the Molaks’ petition (see 2402070002).
The loyalty of millions of children has helped turn online gaming platform Roblox into "a wild success,” but the platform “systematically takes advantage" of kids and exposes them "to unsafe, unregulated, and grotesque virtual experiences,” alleged a class action Friday (docket 3:24-cv-00963) in U.S. District Court for Northern California in San Francisco.
Online dating company Match Group uses “powerful technologies and hidden algorithms” to design its websites with “addictive, game-like design features” that “lock users into a perpetual pay-to-play loop,” alleged six plaintiffs in a class action Wednesday (docket 3:24-cv-00888) in U.S. District Court for Northern California in San Francisco.
The Chamber of Progress, CTA and six other nonprofits support the development of features to keep kids safe online, but they’re concerned that California’s Age-Appropriate Design Code Act, AB-2273, “restricts websites from exercising their First Amendment rights to moderate content,” said their amicus brief Wednesday (docket 23-2969) in the 9th U.S. Circuit Court of Appeals. The brief supports NetChoice and affirming the district court's preliminary injunction that bars California Attorney General Rob Bonta (D) from enforcing AB-2273 (see 2309190006).
Home Depot allows Google to access, record, read and learn the contents of customers' calls via its Cloud Contact Center AI (CCAI), in violation of the California Invasion of Privacy Act (CIPA), alleged a class action Wednesday (docket 2:24-cv-01253) against the two companies in U.S. District Court for Central California in Los Angeles.
California Northstate University waited 10 months to inform victims of a February 2023 data breach, causing them risks “for their respective lifetimes,” alleged a negligence complaint Thursday (docket 2:24-at-00158) in U.S. District Court for Eastern California in Sacramento.
A Nashville-based marketing firm is suing TracFone and Verizon over false claims it paid field agents on commission, a practice barred by the FCC Lifeline program, said the firm's breach of contract complaint Thursday (docket 1:24-cv-20600) in U.S. District Court for Southern Florida in Miami.