The court should deny defendants’ October motion to dismiss a robocall case (see 2310100001) brought by the attorneys general of 48 states in May, said plaintiffs’ Monday response (docket 4:23-cv-00233) to the motion by VoIP provider Avid Telecom, CEO Michael Lansky and Vice President Stacey Reeves in U.S. District Court for Arizona in Tucson.

IBM, Johnson & Johnson and Janssen CarePath failed to secure plaintiff Kristal Mize’s personally identifiable information (PII) and protected health information (PHI) when they allowed an unauthorized third party to access their computer systems, alleged a privacy class action (docket 7:23-cv-09725) Friday in U.S. District Court for Southern New York in White Plains.

Plaintiffs brought 12 claims against China-based PDD Holdings and Temu under various privacy, wiretapping and computer crimes laws in a Friday class action (docket 1:23-cv-15653) in U.S. District Court for Northern Illinois in Chicago. The suit names PDD Holdings, owner of Pinduoduo and Whaleco’s Temu, which is “directly controlled” by PDD.

U.S. District Judge Amanda Brailsford for Idaho in Coeur d'Alene denied the motion of the 250-resident Potlatch Hill Neighborhood Group and five individual neighbors to intervene in defense of Kootenai County’s February denial of AT&T’s application to build a wireless communication tower, said Brailsford’s memorandum decision and order Thursday (docket 2:23-cv-00124).

Amazon Go and Amazon Fresh used Just Walk Out (JWO) technology to collect, use, store and disseminate three Illinois residents’ biometric information and data when they entered a store, regardless of whether they made a purchase, said a privacy class action (docket 1:23-cv-15634) removed Friday from Cook County Circuit Court to U.S. District Court for Northern Illinois in Chicago.

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.

U.S. District Judge Lynn Winmill for Idaho in Coeur d'Alene denied Kochava’s motion for Rule 11 sanctions against the FTC on grounds that the agency's June 5 amended complaint contained consumer privacy allegations that were frivolous, knowingly false or filed for an improper purpose, said his memorandum decision and order Friday (docket 2:22-cv-00377). The judge also granted the FTC’s motion to unseal its complaint, and gave the parties 14 days to object to the disclosure of documents not addressed in his order.

The U.S. Supreme Court should deny the Oct. 26 motion of Robert F. Kennedy Jr. and his two co-plaintiffs in Kennedy v. Biden (docket 3:23-cv-00381) to intervene in its review of the social media injunction against officials from the White House and four federal agencies (see 2310270001), said the government’s opposition response Thursday (docket 23-411). SCOTUS has distributed the Kennedy plaintiffs’ intervenor motion for the justices’ Nov. 17 conference (see 2311010038).

Trust Benefit Technologies (TBT), a software provider for the benefits administrator industry, failed to protect customers’ personally identifiable information (PII) in a May 16-May 22 data breach when cybercriminals gained access to the company’s IT network, alleged a class action Thursday (docket 2:23-cv-09233) in U.S. District Court for Central California in Los Angeles. The company disclosed the breach to customers Oct. 19.

U.S. District Judge Thomas Durkin for Northern Illinois in Chicago granted SoftBank’s motion to dismiss a complaint for lack of jurisdiction and improper venue for its role in T-Mobile's 2020 Sprint buy. But the judge also denied the joint T-Mobile-SoftBank motion to dismiss the antitrust complaint for failure to state a claim, in his signed memorandum opinion and order Thursday (docket 1:22-cv-03189).