The consolidated amended class action filed Wednesday against Discovery, Warner Bros. Discovery (WBD) and CEO David Zaslav and Chief Financial Officer Gunnar Wiedenfels (see 2302100015) “asserts strict liability and negligence claims” for false and misleading statements made in the run-up to Discovery’s April 8 WarnerMedia buy from AT&T. The false statements Zaslav and Wiedenfels made in earnings calls alone are “actionable” under Section 12(a)(2) of the Securities Act, said the complaint (docket 1:22-cv-08171) in U.S. District Court for Southern New York.

Match Group has “stonewalled every effort” by plaintiff Marcus Baker (“Plaintiff”) for more than a year and a half to pursue his biometric privacy claims in arbitration before JAMS (formerly Judicial Arbitration and Mediation Services) under terms imposed on him by the dating website, said Baker’s opposition Tuesday (docket 1:22-cv-06924) in U.S. District Court for Northern Illinois in Chicago. Baker opposes Match Group's Jan. 13 motion to dismiss his complaint on grounds that he breached his agreement to bring his claims exclusively in small claims court (see 2301170014).

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.

Vermont National Telephone’s demand that the relevant time period for discovery should extend “to the present date” in its fraud claim about the 2015 AWS-3 auction should be denied, said defendants Dish Network and American AWS-3 Wireless in their Monday responses to VTEL’s motion to compel.

The Cheesecake Factory hires third-party vendors such as Microsoft to embed JavaScript session replay code on its website for wiretapping purposes, alleged a Friday privacy class action (docket 3:23-cv-00272), in U.S. District Court for Southern California in San Diego.

Computer reseller CDW “demands compliance with several forms of extortion from its business partners,” alleged a fraud complaint Monday in U.S. District Court for Northern Illinois in Chicago (docket 1:23-cv-00868).

TransUnion denies it violated the Fair Credit Reporting Act (FCRA) by failing to delete inaccurate information from plaintiff Israel Mertz’s credit file after receiving notice of the inaccuracies in his Verizon account (see 2212300022), said its answer Monday (docket 7:22-cv-10938) in U.S. District Court for Southern New York in White Plains.

Decisions in the two interlinked cases involving the Communications Decency Act's Section 230 being argued before the Supreme Court next week could lead to many conflicts with state and international laws, force Congress to act, spawn waves of litigation or cause the cases to “dissolve like alka seltzer,” said legal and tech experts on a Brookings Institute virtual panel Tuesday on Gonzalez v. Google and Twitter v. Taamneh. “I think it is correct this will be the most important Supreme Court decision about the Internet possibly ever,” said Alan Rozenshtein, associate professor of law at the University of Minnesota Law School.

Publisher Macmillan “lost control” over the “litany” of highly sensitive personal identifiable information (PII) it stores for “thousands” of its current and former employees when cybercriminals “infiltrated its insufficiently protected computer systems in a data breach,” alleged plaintiff Victoria Batchelor of Tulsa in a fraud and negligence class action Monday (docket 1:23-cv-01217) in U.S. District Court for Southern New York.

SmartBiz “knowingly plays a significant role in connecting scammers to consumers in Florida and elsewhere,” said Florida Attorney General Ashley Moody (R), in a Friday response (docket 1:22-cv-23945) in U.S. District Court for Southern Miami in Florida, asking the court to deny the telecom company’s Feb. 2 motion to dismiss. Moody sued SmartBiz in December for violating the Telemarketing and Consumer Fraud and Abuse Prevention Act and other statutes, plus the FTC's Telemarketing Sales Rule.