InMarket Media tracks consumers’ precise geolocation data through its InMarket SDK “spyware” and profits from it by selling the data to third parties, alleged a privacy complaint Friday (docket 4:24-cv-00511) in U.S. District Court for Northern California in Oakland.

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.

The FCC Enforcement Bureau should change tactics to avoid the risk of targets making an end run around its processes by taking advantage of recent U.S. Supreme Court decisions to drag the agency into litigation, said former FCC General Counsel Tom Johnson in a white paper sponsored by CTIA and published Monday by Wiley, where he's a partner.

SolarWinds and Tim Brown, its chief information security officer, seek the dismissal of the SEC’s fraud complaint arising from the December 2020 Sunburst cyberattack waged by the Russian government. The case is “fundamentally flawed,” said their memorandum of law Friday (docket 1:23-cv-09518) in U.S. District Court for Southern New York in Manhattan in support of their motion to dismiss.

Two plaintiffs filed notices of opposition to conditional transfer order 27 (CTO-27) in In Re: MOVEit Customer Data Security Breach Litigation (docket 3083) Friday, and three defendants opposed plaintiffs’ motions to vacate CTO-23 Wednesday, said filings before the Judicial Panel on Multidistrict Litigation (JPML) involving the Progress Software Corp. (PSC) MOVEit file transfer software data breach in May.

U.S. District Judge Brett Ludwig for Eastern Wisconsin granted the motion of Milwaukee’s Deer District to intervene to prevent Verizon's installation of small cells and mounting poles for July’s Republican National Convention in the public pedestrian plaza the district controls outside the Fiserv Forum (see 2401230017), said his signed order Wednesday (docket 2:23-cv-01581).

Instacart’s document offerings for its initial public offering in September were “negligently prepared” and contained “untrue” or “omitted” statements, plaintiff Andy Stephens claimed in a class action (docket 5:24-cv-00465) against Instacart and 11 executives and directors Thursday in U.S. District Court for Northern California in San Jose.

Apple’s agreements with browser developers, including Google, are preventing new mobile platforms from entering the smartphone market in violation of Section 1 of the Sherman Act, alleged a class action Thursday (docket 5:24-cv-00476) against Apple in U.S. District Court for Northern California in San Jose.

A three-judge panel from the U.S. Court of Appeals for the D.C. Circuit pressed Consumers' Research Friday on its challenge of the FCC's Q2 2023 USF contribution factor (case 23-1091). During oral argument, judges also questioned the group and the FCC about Universal Service Administrative Co. calculations to determine quarterly factors and definition of universal service (see 2401100044).

The Center for Renewing America views HB-20, the Texas social media law, “as an important step in preserving free speech in America,” aid the group's U.S. Supreme Court amicus brief Thursday (docket 22-555) in support of the statute and Texas Attorney General Ken Paxton (R). The center’s founder, Russ Vought, was OMB director under President Donald Trump.