“Technology has evolved but the law has not," said defendants Atlas Marketing Partners and Atlas Investment Ventures in a Wednesday reply (docket 3:23-cv-00313) in support of their motion to dismiss and to strike the FTC’s February complaint (see 2302170050) in U.S. District Court for Southern California in San Diego. The complaint alleges a network of companies and individuals is responsible for delivering “tens of millions” of unwanted VoIP and ringless voicemail (RVM) phony debt service robocalls.
Best Buy’s arbitration agreement is “unconscionable” and “unenforceable,” said plaintiff Sergio Rodriguez, opposing (docket 8:23-cv-01194) the retailer’s motion to compel arbitration in a fraud class action in U.S. District Court for Central California in Santa Ana. Rodriguez’s July fraud lawsuit against Best Buy and Samsung alleges the Samsung QLED 4K TV he bought in 2022 didn’t have the Xcelerator Turbo+, FreeSync and HDMI 2.1 features that were advertised.
Robert F. Kennedy Jr.’s “latest bid to dictate the content moderation policies of a private entity" seeks the "remarkable relief" of preliminarily enjoining Google from exercising its discretion to remove videos conveying "dangerous COVID-19 and vaccine misinformation” on its YouTube platform, said Google’s opposition Monday (docket 3:23-cv-03880) in U.S. District Court for Northern California in San Francisco to Kennedy’s Sept. 25 motion for an injunction.
Plaintiff and Illinois resident Mary Smith filed a consolidated class action (docket 5:23-cv-03527) Monday, following her July fraud action (see 2307170033) against Google in U.S. District Court for Northern California in San Jose. On Friday, she filed an administrative motion to sever and relate Hunt v. Meta Platforms, citing Local Rule 3-12(a) concerning related actions in the same district.
Facebook and Twitter violated boxer and political activist Cara Castronuova’s free speech rights, said her Thursday First Amendment lawsuit (1:23-cv-07511) against Meta and Twitter, now X Corp., filed Saturday in U.S. District Court for Eastern New York in Brooklyn. The complaint also names President Joe Biden and U.S. Surgeon General Vivek Murthy.
Amazon keeps money owed to its customers who timely followed its return policies by returning purchases directly to the company, or to locations designated by Amazon to return such purchases, alleges a Thursday class action (docket 2:23-cv-01545) in U.S. District Court for Western Washington in Seattle.
The FTC’s motion to strike certain affirmative defenses in its antitrust case to block Iqvia’s Propel Media buy is an “unnecessary distraction in the midst of fast-paced discovery” that’s “without any substantial legal basis,” said defendants Wednesday in a memorandum of law (docket 1:23-cv-06188) opposing the motion in U.S. District Court for Southern New York in Manhattan.
The U.S. Judicial Panel on Multidistrict Litigation (JPML) rejected plaintiff Bruce Bailey’s July motion to transfer 10 actions involving the May MOVEit file transfer software data breach to U.S. District Court for Minnesota, said a Wednesday transfer order (docket 3083) signed by Chair Karen Caldwell. Bailey filed a class action July 5 against MOVEit owner Progress Software Corp. (PSC) and Pension Benefits Information (PBI) (docket 0:23-cv-02028) for breach of contract and other violations as a result of the breach.
Robert F. Kennedy Jr. fails to state a plausible claim that Google, “a private company,” engaged in any state action, and his free speech claim under the California constitution is barred by Section 230, said Google’s Tuesday motion to dismiss with prejudice (docket 3:23-cv-03880) Kennedy’s first amended complaint in U.S. District Court for Northern California in San Francisco.
Despite its promise of “Guaranteed Delivery,” Amazon sometimes fails to deliver products by the date or time promised, and a refund promised by the guarantee “is not always provided,” alleges a class action (docket 2:23-cv-01529) notice of removal Wednesday from State of Washington Superior Court for King County to U.S. District Court for Western Washington in Seattle.