Peacock TV and NBC “intentionally designed” their apps to collect and transmit subscribers’ video viewing history and personally identifiable information (PII) to third parties, said Amma Afriyie and Roy Campbell in their memorandum of law Friday (docket 1:23-cv-09433) in U.S. District Court for Southern New York in Manhattan in opposition to the defendants’ motion to dismiss (see 2401220054).

Video game companies make their games addictive to young people to maximize profits, alleged a class action (docket 1:24-cv-00064) against Epic Games, Take-Two Interactive Software, Rockstar Games, Microsoft, Mojang Studios, Sony Interactive, Roblox, Nintendo of America and Google, filed Friday in U.S. District Court for Northern Florida in Gainesville.

The FCC is asking the 11th U.S. Circuit Appeals Court to deny the Insurance Marketing Coalition’s April 3 motion to stay portions of its Dec. 18 order implementing rules under the Telephone Consumer Protection Act to target and eliminate illegal robotexts, pending the disposition of the coalition’s appeal to vacate the order (see 2312220059). The commission filed its opposition Monday (docket 24-10277).

For “many years,” General Motors, OnStar and LexisNexis Risk Solutions have been collecting location, vehicle and personally identifiable information (PII) from OnStar-equipped vehicles and selling “vast amounts” of that data to third parties, alleged a privacy class action Friday (docket 2:24-cv-02978) in U.S. District Court for Central California in Los Angeles.

The International Trade Commission’s October order preventing Apple from importing its Series 9 and Ultra 2 watches based on allegations of patent infringement by medical device company Masimo -- which doesn’t currently sell its watches in the U.S. -- “creates serious risks for U.S. businesses,” said NetChoice Monday in a news release.

Section 3 of the Federal Arbitration Act (FAA) “unequivocally forecloses” a court’s authority to dismiss rather than stay cases subject to arbitration provisions, said petitioners Wendy Smith, Michelle Martinez and Kenneth Turner in their U.S. Supreme Court reply brief Friday in Smith v. Spizzirri (docket 22-1218).

Communications Litigation Today is tracking the below lawsuits involving appeals of FCC actions. Cases marked with an * were terminated since the last update. Cases in bold are new since the last update.

The U.S. District Court for Eastern Texas in Tyler should deny the State Department’s March 25 motion to dismiss the press censorship complaint brought by Texas Attorney General Ken Paxton (R) and the Daily Wire and Federalist media outlets, said the plaintiffs’ opposition Wednesday (docket 6:23-cv-00609).

Kevin Sinitski received notification from his credit monitoring company that his personally identifiable information (PII) was involved in a V12Software data breach. The Feb. 15 notice from Credit Wise informed Sinitski of an incident he was unaware of, his class action alleged Thursday (docket 5:24-cv-02171) in U.S. District Court for Northern California in San Jose.

The net neutrality draft order on the FCC's April 25 open meeting agenda (see 2404030043) will face much the same legal arguments as the 2015 net neutrality order did, with many of the same parties involved, we're told by legal experts and net neutrality watchers.