Disability law “must be considered” when determining whether standards incorporated by reference into federal regulations are reasonably available as the Administrative Procedure Act requires, said the American Foundation for the Blind and Prime Access Consulting, which promotes accessible websites and web content, in an amicus brief Wednesday (docket 23-1311) at the U.S. Court of Appeals for the D.C. Circuit.

Despite AT&T’s assertion in 2021 that a hacked database containing the personally identifiable information (PII) of 70 million AT&T customers “does not appear to have come from our systems,” three years later “the same customer data from 2021 is no longer just for sale,” but it also “has been fully exposed on the Dark Web,” alleged a class action Tuesday (docket 1:24-cv-01414) in U.S. District Court for Northern Georgia in Atlanta.

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.

Home Depot “deceptively embedded spy tracking pixels in marketing emails” it sent to consumers, alleged a privacy class action Tuesday (docket 2:24-cv-00730) in U.S. District Court for Arizona in Phoenix. The suit alleges Home Depot and tracking software company Validity violated Arizona’s Telephone, Utility and Communication Service Records Act (A.R.S).

LoanDepot’s “lack of oversight” of its security controls and implementation of enhanced security measures "only after” a January data breach are “inexcusable,” said a class action Tuesday (docket 4:24-cv-00239) in U.S. District Court for Western Missouri in Kansas City.

AT&T misled Discovery by “materially overstating WarnerMedia’s financial performance and misrepresenting and concealing the severity of WarnerMedia’s financial and business difficulties,” alleged a securities fraud suit Wednesday (docket 1:24-cv-00420) in U.S. District Court for Delaware in Wilmington. The suit names AT&T, CEO John Stankey and Warner Bros. Discovery as defendants.

A school bus is neither a classroom nor a library and that “makes short work of this case under basic principles of administrative law,” the opening brief said Tuesday (docket 23-60641) in support of a 5th U.S. Circuit Appeals petition to defeat the FCC’s Oct. 25 declaratory ruling authorizing E-rate funding for Wi-Fi on school buses (see 2312200040).

Former GOP presidential candidate Vivek Ramaswamy seeks the dismissal of Thomas Grant’s Telephone Consumer Protection Act class action for lack of standing, failure to join the correct party and failure to state a claim, said his motion Tuesday (docket 2:24-cv-00281) in U.S. District Court for Southern Ohio in Columbus.

CTIA still disagrees with a Kentucky 911 law that was upheld in court Friday, the wireless industry association said Tuesday. The U.S. District Court for Eastern Kentucky ruled that federal law doesn’t preempt the state from requiring Lifeline providers to directly pay state 911 fees. Kentucky’s policy is constitutional and doesn’t frustrate Congress’ universal service objectives, the court said.

Three tracking pixels on the Reuters website collect visitors' IP addresses in violation of the California Invasion of Privacy Act, alleged a class action Monday (docket 1:24-cv-02466) in U.S. District Court for Southern New York in Manhattan.