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.
Section 230 of the Communications Decency Act doesn't preempt the California Age Appropriate Design Code (AADC), which addresses risks to children arising from data management practices of social media platforms, said a Friday amicus brief (docket 5:22-cv-08861) filed in U.S. District Court for Northern California in San Jose. The Electronic Privacy Information Center, Reset Tech, Facebook whistleblower Frances Hausen and a bipartisan roster of former elected and appointed state and federal government officials signed onto the brief.
Two class actions filed Friday allege loanDepot sent telemarketing texts or made calls using artificial or prerecorded voice messages without consent to cellphone numbers listed for long periods of time on the national do not call registry, in violation of the Telephone Consumer Protection Act. Court records show they were the 25th and 26th TCPA actions filed against the home mortgage lender since March 2014.
The Telephone Consumer Protection Act has become “the poster child for lawsuit abuse,” said defendant National Tax Advisory Service in its motion to dismiss (docket 1:23-cv-00679) a March TCPA class action in U.S. District Court for Colorado in Denver (see 2303160054).
All 28 plaintiffs in the Feb. 27 class action accusing Verizon of “bait-and-switch” wrongdoing “agreed to arbitrate their claims against Verizon on a non-class basis,” said Verizon’s motion Friday (docket 3:23-cv-01138) in U.S. District Court for New Jersey in Trenton to compel their disputes to arbitration. The plaintiffs allege Verizon pads customers’ monthly bills with a $3.30-per-line “administrative charge” that isn’t disclosed either before or when they agree to buy wireless service from Verizon.
Southern Power wants the U.S. District Court for Middle Alabama in Montgomery to dismiss Lee Cunningham’s Telephone Consumer Protection Act complaint as “impermissibly frivolous,” said its motion Thursday (docket 2:22-cv-00621). Southern Power moves alternatively for summary judgment because “the undisputed facts show that Southern Power is entitled to judgment as a matter of law,” it said.
Facebook and Instagram parent Meta cited “common questions of fact” in its Thursday opposition to plaintiffs’ V.V. and E.Q.’s April 6 memorandum (MDL No. 3047) in support of their motion to vacate a conditional transfer order (CTO-4) to Social Media Adolescent Addiction/Personal Injury Products Liability Litigation under Judge Yvonne Gonzalez Rogers in U.S. District Court for Northern California in Oakland.
Humana plans to file a motion by Monday to dismiss plaintiff Antionette Woodward’s Telephone Consumer Protection Act putative class action for lack of personal jurisdiction, said Woodward and Humana in a joint status report Thursday (docket 1:23-cv-00979) in U.S. District Court for Northern Illinois in Chicago. Woodward alleges Humana is vicariously liable for the incessant insurance solicitation calls its third-party telemarketing vendor, Healthhubb, made on Humana’s behalf to her cellphone, though her number was listed on the national do not call registry since Sept. 25 (see 2302170038).
U.S. District Judge Leonie Brinkema for Eastern Virginia in Alexandria denied, without an opinion, Google’s motion to dismiss the antitrust complaint brought by DOJ and eight states to thwart Google’s alleged monopoly control over the digital advertising market, said her signed order Friday (docket 2304110059).
Southern Theatres, a movie theater chain with three in North Carolina, is sharing customers’ private video viewing information without obtaining their consent, alleged a Wednesday Video Privacy Protection Act class action in U.S. District Court for Middle North Carolina (docket 1:23-cv-00346).