157 results for 'cat:"Communications"'.
J. Pechman denies the electronic financial services company's motion to dismiss the consumer's class action alleging that the company substantially assisted its user in sending the consumer unsolicited text messages inviting her to sign up for the company's Cash App services, in violation of the Washington Consumer Electronic Mail Act. The consumer sufficiently alleges that the company gave its user substantial assistance in sending the unsolicited texts because its "Refer a Friend" program process creates easy steps for its user to follow in order to send the referral message.
Court: USDC Western District of Washington, Judge: Pechman, Filed On: May 2, 2024, Case #: 2:23cv1969, NOS: Other Personal Injury - Torts - Personal Injury, Categories: communications, Class Action
J. Nelson finds that the district court properly declined to preliminarily enjoin a California Public Utilities Commission rule changing the mechanism for charging telecommunications providers to fund California’s universal service program. The district court properly denied preliminary injunctive relief because the carriers were unlikely to succeed on the merits of their express preemption claims. Affirmed.
Court: 9th Circuit, Judge: Nelson, Filed On: April 26, 2024, Case #: 23-15490, Categories: communications
J. Lake finds that class action claims by a dental office customer, who received text messages and calls from the dental office even though he requested to be added to the “do not call list,” cannot proceed because the claims fall under an arbitration agreement. The customer of the dental office signed an arbitration agreement when he first engaged the dental office for services. The dental office’s motion to strike the class allegations and its motion to compel arbitration are granted.
Court: USDC Southern District of Texas, Judge: Lake, Filed On: April 26, 2024, Case #: 4:23cv3460, NOS: Telephone Consumer Protection Act (TCPA) - Other Suits, Categories: Arbitration, communications, Consumer Law
J. Seabright denies reconsideration and a motion to stay an order to quash issued against owners of a copyrighted film that subpoenaed the communications company for its subscribers’ information. The communications company merely assigning IP addresses to its users does not constitute a referral to copyrighted material nor does not preventing its routing or filtering equal transmitting the material. Because the communications company has previously worked with the owners and committed to preserving the information regardless of subpoenas or quashes, staying is not necessary.
Court: USDC Hawaii, Judge: Seabright, Filed On: April 26, 2024, Case #: 1:23cv426, NOS: Other Contract - Contract, Categories: communications, Copyright, Evidence
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J. Kirsch finds that the lower court improperly upheld the Illinois Department of Corrections' policy prohibiting phone contact between a parent conviction of a sex offense and their minor child while the parent is on supervised release. The department may readily monitor calls as an alternative to an outright ban on phone contact, which denies parents the right to communicate with their children. Reversed in part.
Court: 7th Circuit, Judge: Kirsch, Filed On: April 18, 2024, Case #: 22-2791, Categories: communications, Due Process, Prisoners' Rights
J. Scudder finds that the lower court properly found for DISH and DirecTV Network in a race discrimination suit alleging the broadcasters declined to pay for rights to carry two Indianapolis-based TV stations because the majority owner is Black. The broadcasters presented clear, race-neutral reasons for their decisions, and the company falls shorts of demonstrating pretext in these proffered explanations for their business decision. Affirmed.
Court: 7th Circuit, Judge: Scudder, Filed On: April 16, 2024, Case #: 23-1787, Categories: Civil Rights, communications, Business Practices
J. Chasanow grants a communications company, consultant company, chief executive officer and chief financial officer’s partial motion to dismiss in this contract dispute brought by a former chief executive officer of the communications company. The former officer alleges that she was induced by the consultant company and its officers in order to enter a purchase agreement. She fails to allege false representations or state a claim for fraud.
Court: USDC Maryland, Judge: Chasanow, Filed On: April 8, 2024, Case #: 8:23cv2749, NOS: Other Contract - Contract, Categories: communications, Fraud, Contract
J. Castañeda issues a multipronged discovery order in a lawsuit brought by an individual against a company for alleged violations of the Telephone Consumer Protection Act — determining, among other things, that it is too late for the company to designate an additional witness because it would be prejudicial to the suing individual.
Court: USDC Western District of Texas , Judge: Castañeda, Filed On: April 5, 2024, Case #: 3:22cv301, NOS: Telephone Consumer Protection Act (TCPA) - Other Suits, Categories: communications, Consumer Law, Discovery
J. Thyer finds the circuit court properly denied the cable service provider's motion to compel arbitration, granting the city's motion for class certification. The provider's predecessor agreed to pay the city an annual franchise fee to establish a system, including the right to erect and use equipment in the city's public rights-of-way. The city filed the action alleging the provider failed to pay the fee, and also did not maintain minimum standards of conduct for its customers. The franchise agreement with the city and the residential services agreement with customers are separate agreements. No valid arbitration agreement exists. Exhibits showing commonality were properly admitted. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Thyer , Filed On: April 3, 2024, Case #: CV-22-808, Categories: Arbitration, communications, Municipal Law
[Consolidated.] J. Pan grants, in part, two Chinese companies' petitions for review of the Federal Communications Commission's order banning the companies' video surveillance equipment for certain uses in the U.S., including surveillance of critical infrastructure. Although the ban is upheld, the order is remanded to the commission so it can define "critical infrastructure" to comport with the National Defense Authorization Act.
Court: DC Circuit, Judge: Pan, Filed On: April 2, 2024, Case #: 23-1032 , Categories: Commerce, communications
J. Gottschall partially grants motions for summary judgment from both an insurance company and a consumer, in this suit over whether the company inappropriately called the consumer despite his number being registered in its “do not call” list. The court grants the consumer’s motion for judgment on the claim that the insurer’s actions were knowing and willful, and for his claim that the insurance company is liable for its contractors contacting the consumer. The court also dismisses a failure-to-identify claim against the insurance company, as the consumer has willingly abandoned it.
Court: USDC Northern District of Illinois, Judge: Gottschall, Filed On: March 28, 2024, Case #: 1:20cv7091, NOS: Telephone Consumer Protection Act (TCPA) - Other Suits, Categories: communications, Insurance, Negligence
J. Nagala finds that pro se Chinese dissident’s claim against YouTube and Google, which demonetized his channel after the Chinese Communist Party allegedly hacked it, does not violate the terms of service agreement. The court converts to a motion for summary judgment.
Court: USDC Connecticut, Judge: Nagala, Filed On: March 28, 2024, Case #: 3:23cv513, NOS: Other Civil Rights - Civil Rights, Categories: communications, Contract, Technology
J. Aycock grants an insurance company’s motion for summary judgment against a Black customer who claims he was discriminated against and denied insurance when being suspected of having a gun that was, in reality, a water bottle in his belt to treat sciatic nerve pain. The customer did not give evidence that he was treated differently due to his race.
Court: USDC Northern District of Mississippi , Judge: Aycock, Filed On: March 28, 2024, Case #: 3:22cv35, NOS: Other Civil Rights - Civil Rights, Categories: communications, Insurance, Business Practices
J. Mendez grants $8,600 in attorney fees and costs to an event distributor following its successful case against a sports bar. The requested $12,000 in fees is reduced based, in part, on a reduction in hourly rates and the elimination of administrative assistant's fees.
Court: USDC Eastern District of California, Judge: Mendez, Filed On: March 27, 2024, Case #: 2:22cv1059, NOS: Cable/Sat TV - Other Suits, Categories: communications, Attorney Fees
J. Cole denies motions to dismiss and strike allegations outlined in the second amended complaint of a cellular telephone customer who claims the telephone company made unwanted sales calls to her phone in violation of the Telephone Consumer Protection Act. The telephone company’s motion to dismiss brought arguments that had already been reviewed by the court, and the judge denies the motion as a request for reconsideration because it does not present new evidence or show a change in law or error in the prior decision. Although several of customer’s allegations in the second pleading involve internet job postings raising concerns about hearsay, the customer’s claims do not centrally rely on these postings. The judge finds the new evidence relevant as presented and denies the motion to strike allegations.
Court: USDC Southern District of Ohio, Judge: Cole, Filed On: March 22, 2024, Case #: 1:22cv152, NOS: Telephone Consumer Protection Act (TCPA) - Other Suits, Categories: communications, Consumer Law
J. Castel dismisses the satellite TV provider's antitrust claims against three broadcasters whom it alleges sought to charge it supra-competitive fees to re-broadcast certain popular television shows. The satellite provider chose not to renew its agreements with these broadcasters due to the quoted prices, causing content blackouts for its subscribers and the loss of thousands of customers. Because the provider never actually entered into an agreement which would have required it to pay supra-competitive fees, its injury is not the type that antitrust laws were intended to prevent.
Court: USDC Southern District of New York, Judge: Castel, Filed On: March 20, 2024, Case #: 1:23cv2221, NOS: Antitrust - Other Suits, Categories: Antitrust, communications
J. Hicks denies, in part, summary judgment to BellSouth on certain trespass claims by a homeowner related to the telecommunications company’s acknowledgement its underground innerduct for protecting fiber optic cable encroaches on her property. The determination of damages based on physical property damage, inconvenience and mental suffering, as well as mitigation of damages, are better suited to trial.
Court: USDC Western District of Louisiana , Judge: Hicks, Filed On: March 19, 2024, Case #: 5:23cv153, NOS: Other Statutory Actions - Other Suits, Categories: communications, Evidence, Property
J. Estudillo dismisses all but one claim in the consumers' class action accusing Zoom Technologies of selling their personal information without consent. The consumers lack standing to pursue their Wiretap Act and Stored Communications Act claims. Their California Invasion of Privacy Act claim survives because the consumers adequately allege that the interception of their data took place in real time. However, because this is the only remaining claim, the consumers must show cause as to whether this claim meets the Class Action Fairness Act's requirements for this court to maintain jurisdiction.
Court: USDC Western District of Washington, Judge: Estudillo, Filed On: March 15, 2024, Case #: 3:22cv5453, NOS: Other Fraud - Torts - Personal Property, Categories: communications, Privacy, Class Action
J. Trauger grants the media defendants' dismissal motion in this defamation lawsuit brought by an attorney alleging that a pair of articles placed him "in a false light." The articles concerned the attorney's role in a separate lawsuit against the National Rifle Association. Certain statements and implications "are protected by the fair report privilege," however, while others are "not capable of conveying a defamatory meaning."
Court: USDC Middle District of Tennessee , Judge: Trauger, Filed On: March 15, 2024, Case #: 3:22cv1017, NOS: Assault, Libel, & Slander - Torts - Personal Injury, Categories: communications, Defamation, Privilege
J. Moss refuses to issue Meta Platforms an injunction preventing the Federal Trade Commission from moving forward with modifications to the parties’ previous settlement that would require Meta to institute a more stringent privacy program and data security protections for its users, and restrict its use of facial recognition technology. Meta fails to show the FTC's powers violate due process or right to a jury trial, nor does it show it faces irreparable harm without an injunction.
Court: USDC District of Columbia, Judge: Moss, Filed On: March 14, 2024, Case #: 1:23cv3562, NOS: Other Civil Rights - Civil Rights, Categories: communications, Constitution, Technology