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 FCC’s updated data breach notification rule “encapsulates the wrong way for the administrative state to approach rulemaking,” TechFreedom’s 6th U.S. Circuit Appeals Court amicus brief said Thursday in support of the five petitioners seeking to invalidate the rule as contrary to law (see 2402210026).

Hotels.com allowed unknown third parties to charge $1.5 million in hotel reservations to Shervin Pishevar’s credit card between December 2018 and March 2022, alleged an April 25 complaint (docket 1:24-cv-22081) in the 11th Circuit Court for Miami Dade County, Florida, removed Thursday to U.S. District Court for Southern Florida.

A former Gamefam contractor “hijacked” a videogame the company developed and owned -- along with all recurring revenue from the game -- alleged a fraud complaint Wednesday (docket 1:24-cv-00639) in U.S. District Court for Delaware.

Concertgoers must pay “supracompetitive prices” for event tickets because Ticketmaster “levies excessively high fees in the primary market on tickets that it sells, which are then passed down to consumers in the secondary market,” an antitrust class action alleged Wednesday (docket 1:24-cv-04106) in U.S. District Court for Southern New York.

Canadian cable provider Videotron, a longtime member of CableLabs, violated its subscription agreement when it terminated its membership without providing the required one-year notice, a breach-of-contract complaint Wednesday alleged (docket 1:24-cv-01521) in U.S. District Court for Colorado. CableLabs is an industry R&D corporation.

A T-Mobile customer’s risk of identity theft arising from the carrier’s 2021 data breach “materialized” in several instances of fraud over the past two years, alleged a negligence complaint Wednesday (docket 8:24-cv-01303) in U.S. District Court for Middle Florida in Tampa.

The costs of complying with the FCC’s updated data breach notification rule “detract from the core work” of five trade associations' small-business members “to connect existing and new customers in hard-to-serve areas and close the digital divide,” said those trade groups in an amicus brief Wednesday in the 6th U.S. Circuit Appeals Court. Joining the brief were ACA Connects, the Competitive Carriers Association, NTCA, the Wireless ISP Association and WTA.

Black candidates lose Georgia Public Service Commission elections due to “ordinary, colorblind partisan politics,” Georgia said in a Tuesday opposition brief at the U.S. Supreme Court (case 23-1060). Don’t grant a group of Black voters’ cert petition on a “splitless dispute regarding the distinctive structure” of the Georgia PSC, the state argued. Among other problems, petitioners failed to propose a reasonable alternative election method that could be shown to be better, it said.

Spotify customers who bought the company’s Car Thing device are now left with “nothing more than a paperweight,” alleged three customers' class action Tuesday (docket 1:24-cv-04077) in U.S. District Court for Southern New York.