Trackpads on HP’s Omen line of laptops are so defective that the computers are “rendered completely unusable” unless users buy an external mouse to navigate the computer, alleged a Monday fraud class action (docket 3:23-cv-02114) in U.S. District Court for Northern California in San Francisco.
Toy maker Squishable violated its privacy policy when code on its website allowed a third party to view and capture information on the checkout page as customers made purchases, alleges a Monday class action (docket 1:23-cv-03660) in U.S. District Court for Southern New York in Manhattan.
Twitter isn’t liable for sex-trafficking violations for allowing child pornography to circulate on the platform, the 9th Circuit U.S. Court of Appeals ruled Wednesday in 22-15103 (see 2210310063).
Online dating company Match Group must produce documents it withheld from the FTC’s investigation into claims the company improperly shared user photos with a facial recognition startup, the U.S. District Court for the District of Columbia ruled Monday in docket 2022-0054.
Coinbase’s requirement that users upload pictures of a valid identification card and a “selfie” violate the Illinois Biometric Information Privacy Act, alleged a Monday class action (docket 4:23-cv-02123) in U.S. District Court for Northern California in Oakland. Plaintiff Michael Massel, an Illinois resident, opened an account with the cryptocurrency exchange firm within the past five years and was required as part of the setup process to upload a valid state-issued ID card and a real-time selfie. Both were also required to gain access to his Coinbase account, said the complaint.
Here are Communications Litigation Today's top stories from last week, in case you missed them. Each can be found by searching on its title or by clicking on the hyperlinked reference number.
Plaintiffs’ factual allegations “fall well short of pleading a plausible claim” under the First Amendment or Texas’ social media law HB 20, said Meta Monday in a reply in support of its motion to dismiss (docket 3:23-cv-00217) a freedom of speech suit in U.S. District Court for Northern Texas in Dallas. It also filed a reply Monday in support of its motion to transfer the case to California.
California’s connections-based method “is directly at odds” with the FCC’s revenue-based mechanism for USF contribution, T-Mobile and subsidiaries argued at the 9th U.S. Circuit Court of Appeals. In an opening brief Monday, they urged the court to reverse a U.S. District Court for Northern California decision and direct the lower court to issue a preliminary injunction against the California Public Utilities Commission decision that took effect April 1.
Plaintiff Antonio Lewis’ putative class action alleging Samsung duped consumers into believing its Galaxy Z Fold3 foldable smartphone was more durable than it really was should be dismissed and his claims should be sent to an arbitrator, said Samsung’s memorandum Monday (docket 1:22-cv-10882) in U.S. District Court for Southern New York in support of its motion to compel arbitration. Lewis’ opposition to the motion is due June 15 (see 2303150020).
The 9th Circuit’s wrongful decision affirming the district court’s summary judgment for Apple, based on federal law preemption of state-law cellphone RF safety claims, embraces a version of preemption in which the preemptive effect of an agency’s order “turns not on Congress’s intent or the statutory or regulatory text, but instead on a freewheeling judicial hunt for purposes in informal agency commentary.” So said two dozen iPhone owners’ U.S. Supreme Court reply brief Monday (docket 22-698) in support of their Jan. 23 cert petition to set aside the 9th Circuit U.S. Court of Appeals decision (see 2301270065).