Despite the “window dressing,” the X platform’s July 31 complaint against the Center for Countering Digital Hate (CCDH) and its U.K. counterpart for allegedly running a "scare campaign" to drive away X advertisers (see 2308010034) is “fundamentally a case about speech,” said CCDH’s motion to dismiss Thursday (docket 3:23-cv-03836) in U.S. District Court for Northern California in San Francisco.

Defendant Smartbiz Telecom hasn’t met its burden to show that it's entitled to judgment as a matter of law, said the office of Florida Attorney General Ashley Moody (R) in its response Friday (docket 1:22-cv-23945) in U.S. District Court for Southern Florida in Miami to Smartbiz’s Sept. 28 motion for summary judgment in the state's robocalling case against the VoIP provider (see 2309290007). Making or initiating calls under the Telephone Consumer Protection Act (TCPA) doesn't "turn on an entity’s status” under FCC regulations, it said.

Google, like almost every email service provider, “uses sophisticated filtering technology to protect users of its free Gmail service from unwanted and dangerous spam emails,” said Google’s memorandum of points and authorities Thursday (docket 2:22-cv-01904) in U.S. District Court for Eastern California in Sacramento in support of its motion to dismiss the Republican National Committee’s Oct. 10 first amended complaint (see 2310120002).

A consolidated class action complaint (docket 1:23-cv-01168), filed Thursday in U.S. District Court for Colorado in Denver over Dish Network’s February data breach, added violations of Virginia and Wisconsin state laws to negligence, breach of contract, unjust enrichment and violations of the FTC Act and North Carolina Deceptive Trade Practices Act.

Plaintiffs seek to resurrect five claims in their consolidated complaint against Meta in In Re Meta Pixel Healthcare Litigation, but they “have failed to remedy the defects” the court identified in its September order (see 2309080055), said the Facebook parent’s motion to dismiss (docket 3:22-cv-03580) Wednesday in U.S. District Court for Northern California in San Francisco.

Twenty-one plaintiffs seek to hold cryptocurrency exchange platform Atomic Wallet responsible for the June 3 hack that resulted in the loss of more than $100 million in global crypto assets (see 2306220003). But they previously agreed to Atomic's terms of service that “expressly disclaim liability” for losses due to theft, said Atomic’s motion Thursday (docket 1:23-cv-01582) in U.S. District Court for Colorado in Denver to dismiss the plaintiffs’ Aug. 16 first amended complaint.

Amazon’s May 30 antitrust cross-complaint against California “is vague and conclusory,” and the state can’t “fully anticipate all defenses that may be applicable to this action,” the state said in its answer Wednesday (docket CGC-22-601826) in San Francisco County Superior Court. California expressly reserves the right to assert any defenses “identified through information learned in the course of this litigation,” because discovery is “ongoing,” it added.

Credit information company One Technologies removed to U.S. District Court for Western Washington in Tacoma a complaint filed Oct. 17 in Clark County Superior Court in which Nathan Brinton alleges the firm sent him at least 175 spam emails since August, in violation of Washington consumer protection laws.

Caesars Entertainment failed to “properly secure” customers’ sensitive personally identifiable information (PII), including their names, driver’s license numbers and Social Security numbers, when cybercriminals gained access to its loyalty program database, and five days later when they “exfiltrated” the PII, alleged plaintiff Janet Jones’ class action Wednesday (docket 2:23-cv-01884) in U.S. District Court for Nevada in Las Vegas.

A day after U.S. District Judge Yvonne Gonzalez Rogers for Northern California denied social media defendants’ motion to dismiss a negligence lawsuit against them for their alleged role in fueling a youth mental health crisis in the U.S., Facebook and Instagram parent Meta blogged in favor of federal legislation “to create simple, efficient ways for parents to oversee their teens’ online experiences.”