The 2019 11th U.S. Circuit Appeals Court decision in Salcedo v. Hanna that doomed plaintiff Stephen Muccio’s district court claims that Global Motivation and owner Jordan Belfort violated the Telephone Consumer Protection and Florida Telephone Solicitation acts are “not binding” on the 11th Circuit panel hearing Muccio’s appeal, said his opening brief Tuesday (docket 23-10081). Muccio is appealing the lower court’s dismissal of his FTSA claims, not his TCPA defeat.
The Supreme Court further explored whether a social media platform can be held liable for aiding and abetting terrorists if it turns a blind eye to known terrorists’ accounts, during oral argument Wednesday in Twitter v. Taamneh (docket 21-1496) (see 2301120061). A day earlier it heard oral argument in Gonzalez v. Google (docket 21-1333) (see 2302210062).
Meta uses identifiers to match health data it collects with Facebook users and encourages healthcare partners to upload patient lists for ad targeting, alleged Tuesday's consolidated class action against the company in U.S. District Court for Northern California in San Francisco (docket 3:22-cv-03580).
Online tax filing services H&R Block, TaxSlayer and TaxAct “secretly deployed” Meta's Pixel code, which intercepted and collected an Erie County, New York, man’s private, sensitive and confidential financial information, alleged a Friday privacy class action (docket 3:23-cv-00735) in U.S. District Court for Northern California in San Francisco.
Don’t look at Google’s anti-competitive actions in isolation when considering if there's a Sherman Act violation, said DOJ, states and amici in recently posted filings at the U.S. District Court in Washington (case 1:20-cv-03010). They opposed Google seeking summary judgment to avoid trial in the antitrust case. DOJ and states cited as precedent the 2001 decision in U.S. v. Microsoft at the U.S. Court of Appeals for the D.C. Circuit.
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.
California’s age-appropriate social media design law (AB-2273) “is the most extensive attempt by any state to censor speech since the birth of the internet,” said NetChoice’s motion Friday (docket 5:22-cv-08861) for a preliminary injunction in U.S. District Court for Northern California in San Jose to invalidate the statute. California’s response to the motion, which had been expected (see 2301310034), is due April 21. NetChoice’s reply brief is due May 19.
Brilliant Earth jewelry company’s virtual try-on feature collects detailed and sensitive biometric identifiers, including complete hand geometry scans, without disclosing they're being collected, alleged a Friday privacy class action (docket 1:23-cv-987) in U.S. District Court for Northern Illinois in Chicago.
There’s “no way to determine whether a particular individual is at a particular place” using the device identifier and geolocation data that Kochava sells to third parties, the company's lead attorney, Craig Mariam of Gordon & Rees, told a U.S. District Court for Idaho hearing Tuesday on Kochava’s motion to dismiss the FTC’s privacy complaint for failure to state a claim (see 2212050061).
Stephan Clark, a plaintiff in one of the earliest-filed class actions stemming from T-Mobile’s latest data breach, believes there are enough similar cases, 11 so far, to support their “centralization” under a single U.S. district judge. So said his motion before the Judicial Panel on Multidistrict Litigation, dated Feb. 8 and newly docketed as case MDL No. 3073, to consolidate the 11 cases in U.S. District Court for Western Washington in Seattle where his own case is pending.