The “hidden spy pixel trackers” that Target embeds in its marketing emails to customers violate Arizona’s Telephone, Utility and Communication Service Records Act, alleged a class action Tuesday (docket 2:24-cv-01048) in U.S. District Court for Arizona.

Section 1201(a) of the Digital Millennium Copyright Act “grants the power to a component of Congress,” the librarian of Congress, “to decide who may access works of authorship,” said Benjamin Margo of Wilson Sonsini in oral argument Monday (docket 23-5159) before the U.S. Appeals Court for the D.C. Circuit. He was arguing on behalf of the three plaintiff-appellants challenging Section 1201's constitutionality on First Amendment grounds (see 2311300055).

Not-for-profit healthcare organization MedStar Health failed to encrypt or redact current and former patients’ protected health information (PHI) and personally identifiable information (PII) in a 2023 data breach that occurred between Jan. 25 and Oct. 13, alleged two Tuesday class actions (dockets 1:24-cv-01337 and 1:24-cv-01335) in U.S. District Court for Maryland. The virtually identical complaints were filed by Milberg Coleman attorney Thomas Pacheco.

Lingo Telecom, as a simple phone company, doesn’t belong as a defendant in the lawsuit that alleges political consultant Steve Kramer hired robocall broadcaster Life Corp. to send thousands of robocalls two days before the Jan. 23 New Hampshire primary to people they thought were likely Democratic voters, said Lingo’s motion Monday (docket 1:24-cv-00073) in U.S. District Court for New Hampshire in Concord to dismiss the March 14 complaint.

Projector manufacturer AWOL Vision’s false advertising will continue to cause consumer confusion and deception “to the irreparable injury of Epson” without a court order enjoining its conduct, said a Lanham Act lawsuit (docket 9:24-cv-80583) Monday in U.S. District Court for Southern Florida in West Palm Beach.

Apple’s “gatekeeping” of its App Store and “arbitrary decisions” hurt “honest developers,” alleged a Monday antitrust complaint (docket 5:24-cv-02698) against the iPhone maker in U.S. District Court for Northern California in San Jose.

Universal’s Jan. 30 announcement that it’s using the Starfall Racers trademark for roller coasters at upcoming U.S. theme parks “misappropriated” the brand to target and attract children, including in Colorado, alleged a trademark infringement complaint (docket 1:24-cv-01247) by Starfall Education Foundation Monday in U.S. District Court for Colorado.

Adell Broadcasting will bring legal action against Nexstar and Mission Broadcasting if Mission doesn’t accept the FCC’s conditions for approving Mission’s proposed $75 million buy of Adell’s WADL Mount Clemens, Michigan (see 2404240070), Adell CEO Kevin Adell told us in an interview Tuesday.

With the federal ban on TikTok, Congress has taken the "unprecedented" step of enacting a law that “bars every American from participating in a unique online community with more than 1 billion people worldwide,” TikTok and ByteDance said Tuesday in their petition for review (docket 24-1113) in the U.S. Appeals Court for the D.C. Circuit to invalidate the ban.

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.