Best Buy apparently “learned nothing” from the four-year-long class action in Jermyn v. Best Buy, in which consumers challenged its “price match guarantee” policy as “misleading, deceptive and unfair,” alleged Westchester County, New York, consumer Vincent Dima in a new fraud class action Thursday (docket 7:23-cv-02869) in U.S. District Court for Southern New York in White Plains. That’s because Best Buy still uses its price match guarantee “as a means of baiting and switching the consumer into purchasing products from its stores,” it said.
U.S. District Judge David Horan for Northern Texas in Dallas signed a memorandum opinion and order Tuesday (docket 3:22-cv-00052) granting in part and denying in part Telephone Consumer Protection Act plaintiff Steve Noviello’s motion for an award of extra damages arising from Telephone Consumer Protection Act violations. Horan limited Noviello's recovery to the $6,500 in damages a jury awarded him in a Feb. 28 verdict in his favor for 13 unlawful calls or texts made to a number listed on the federal do not call registry since 2016.
Exploitation of children has become central to social media companies’ profitability, alleged Pittsburgh Public Schools in a redacted public nuisance lawsuit Thursday (docket 2:23-cv-577) in U.S. District Court for Western Pennsylvania in Pittsburgh against Meta, Snap, TikTok and Google.
The appeal of Darrell Seybold, the former Charter Communications sales manager who alleges he was terminated for exposing Charter’s unlawful conduct, in violation of the whistleblower protections in the 2002 Sarbanes-Oxley (SOX) Act (see 2302200002), “is exactly the type of case for which SOX was intended,” said his opening brief Monday in the 5th U.S. Circuit Court of Appeals (docket 23-10104). U.S. District Judge Brantley Starr for Northern Texas in Dallas dismissed Seybold's claims in a January order for lack of specificity in his allegations.
Meta, Snap, Google and TikTok could have avoided harming plaintiffs and their students, said a March 28 lawsuit (docket 23STCV06685) made publicly available this week in California Superior Court in Los Angeles by Baldwin, Montgomery, and Tuscaloosa County, Alabama, public schools and the state of Alabama .
Senior U.S. District Judge Sidney Fitzwater for Northern Texas in Dallas granted debt collector Mercantile Adjustment Bureau’s motion to dismiss Sage Telecom’s phone solicitation complaint for failure to state a claim on which relief may be granted, said his signed memorandum and order Tuesday (docket 3:22-cv-02737). Fitzwater did grant Sage leave to file a second amended complaint within 28 days.
Defendants in the social media censorship lawsuit Missouri v. Biden sought to “correct the record” on plaintiffs’ request for consolidation with the Missouri et al. v. Biden case against President Joe Biden and some 60 individuals and government agencies pending in the same court, said a Tuesday response (docket 3:22-cv-01213) in U.S. District Court of Western Louisiana in Monroe.
GoodRx has been “surreptitiously packaging and selling” customers’ personal health information as part of a “tactful and concerted action” among online advertising platforms Facebook, Google, and Criteo, alleged a class action Thursday (docket 4:23-cv-01508) in U.S. District Court for Northern California in Oakland.
The U.S. Court of Appeals for the D.C. Circuit dismissed the Standard/Tegna broadcasters' appeal of the FCC’s hearing designation order (HDO), but expedited their petition for mandamus relief. It also ordered the FCC to respond to the petition by April 11, said an order Monday.
The case that UPM brings against Digicel-Haiti “is about resale,” said UPM’s reply brief at the FCC’s Enforcement Bureau, dated Monday and posted Tuesday (docket 23-64). UPM bought Digicel-Haiti’s roam like you’re home (RLYH) service at the full retail price that Digicel-Haiti set for it, and then resold it to UPM’s own customers for access to Digicel-Haiti’s network in Haiti, it said.