The 9th U.S. Circuit Court of Appeals, in a Tuesday decision (docket 21-15969), reversed and remanded the district court’s injunction that enjoined the California Public Utility Commission from enforcing its zero co-pay rule on two tiers of affordable wireless service for service providers participating in the California LifeLine program. The CPUC’s zero co-pay requirement for certain affordable plans isn't rate regulation as preempted by the Communications Act because participation in California LifeLine “is voluntary and service providers remain free to opt out and charge whatever rates they deem appropriate,” said the court.

State Farm seeks a stay in discovery or phased discovery until U.S. District Judge John Kness for Northern Illinois in Chicago rules on its motion to dismiss plaintiff Thomas Gebka’s Telephone Consumer Protection Act class action (see 2301090024), said its memorandum Tuesday (docket 1:22-cv-05546).

The automatic stay under the bankruptcy code “does not apply” to the seven-state robocalling lawsuit against several defendants, including Michael Smith, who filed a voluntary Chapter 11 petition Jan. 18, Assistant Texas Attorney General Abigail Ryan told U.S. District Judge George Hanks for Southern Texas in Houston in a virtual status hearing Tuesday. Ryan wrote the memorandum of law filed Monday with the court, arguing the bankruptcy code contains an “explicit exception to the automatic stay” permitting the plaintiff states “to proceed with police power proceedings, such as this suit” (see 2301310033).

Apple “hypocritically” tried to distinguish itself from competitors with privacy assurances for its customers but “flagrantly engages” in tracking their usage, alleged a Monday privacy class action (docket 5:23-cv-426) in U.S. District Court for Northern California in San Jose.

The DOJ filed a Communications Act complaint (docket 2:23-cv-00160) Monday on behalf of the FCC against U.S. Telecom Long Distance to enforce a forfeiture order it released in September 2016 assessing a $4.48 million penalty against the company for “improperly changing” consumers’ long distance carriers in a “slamming” scheme. The complaint was filed in U.S. District Court for Nevada in Las Vegas. USTLD is a non-facilities-based interexchange carrier authorized to provide service in 47 states.

Epic Games “unceremoniously copied” for its Fortnite franchise the most recognizable part of one of Kyle Hanagami’s most well-known registered choreographic works, and was rewarded with the district court’s dismissal of Hanagami’s complaint, said the choreographer’s opening brief in his 9th U.S. Circuit Appeals Court petition to reverse and remand the district court’s ruling.

BMW of North America answered plaintiff Peter Grayson’s class-action allegations it did nothing to preserve its vehicles’ roadside safety features during AT&T’s 3G shutdown with notice of its motion to compel his dispute to arbitration. BMW’s answer Monday (docket 2:22-cv-06103) in U.S. District Court for New Jersey in Newark was the first automaker response filed in similarly structured 3G telematics complaints against Ford, Nissan, Porsche and Volkswagen. It appears to foretell the defenses that will be asserted when their briefing deadlines approach in February and March.

The automatic stay “triggered” by robocalling defendant Michael Smith’s voluntary bankruptcy filing (see 2301200027) doesn't prevent the U.S. District Court for Southern Texas in Houston “from hearing the instant police and regulatory suit before it,” said the seven plaintiff states in a memorandum of law Monday (docket 4:20-cv-02021) contesting the applicability of the automatic stay to the case. The court “has the power to determine whether the stay applies to this suit,” said Arkansas, Indiana, Michigan, North Carolina, North Dakota, Ohio and Texas.

McAfee “cybersquatted” on the cyberguard.com internet domain for 15 years with no “bona fide” ties to plaintiff James Linlor’s trademarked term Cyberguard, alleged a Thursday trademark complaint (docket 5:23-cv-00385) in U.S. District Court for Northern California in San Jose.

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.