Lowe’s embedded spy tracking pixels in marketing emails to Arizona residents to monitor the behavior of those who subscribed to its email list, alleged a privacy class action (docket 2:24-cv-01030) against the home improvement retailer and Salesforce Sunday in U.S. District Court for Arizona.

The Universal Service Administrative Co's. (USAC) role in administering the FCC's Universal Service Fund programs "is purely administrative," the FCC told the U.S. Supreme Court in response to Consumers' Research's challenge of how the commission determines quarterly contribution factors (see 2401100044). USAC "must comply with detailed regulations issued by the FCC" and "helps the FCC compute the amount of each quarterly payment" carriers must contribute, the agency said in an opposition brief filed in docket 23-456.

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.

J.P. Morgan Chase failed to properly secure the personally identifiable information (PII) of its clients’ employees in a data breach that occurred in 2021 but wasn’t discovered until February of this year, alleged a class action Friday (docket 1:24-cv-03438) in U.S. District Court for Southern New York.

Intel, CEO Pat Gelsinger and Chief Financial Officer David Zinsner are liable for false statements made to investors related to the company’s Intel Foundry Services (IFS) group, alleged a securities fraud class action Friday (docket 0:24-cv-01602) in U.S. District Court for Northern California.

Yippee Entertainment, a faith-based streaming service for children, violates the Video Privacy Protection Act (VPPA) by disclosing the personally identifiable information (PII) of viewers for marketing, advertising and analytics purposes, alleged a class action Friday (docket 3:24-cv-00797) in U.S. District Court for Southern California.

Twenty Republican attorneys general support the 20 industry petitioners asking the 8th U.S. Circuit Court of Appeals to vacate the FCC’s digital discrimination order on grounds it exceeds agency authority and lacks clear congressional intent (see 2404230032). The AGs made their argument in an amicus brief Thursday (docket 24-1179).

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.

NetChoice and Ohio Attorney General Dave Yost (R) filed dueling motions for summary judgment Friday (docket 2:24-cv-00047) in U.S. District Court for Southern Ohio over the state's social media parental notification law. NetChoice’s motion seeks to permanently block the statute on constitutional grounds, while Yost’s motion defends the law as "valid," and argues for its enforcement.

Apple's and Roblox’s goal of keeping minors and young adults playing videogames longer, so they spend more money on in-game purchases, is causing physical and mental harm to young players while the companies grow their revenue, alleged a videogame addiction lawsuit Friday (docket 0:24-cv-01602) in U.S. District Court for Minnesota in Minneapolis.