Globalgurutech “does not fraud anyone or commit any crimes,” said the phone reseller in a Wednesday reply (docket 1:23-cv-337) in support of its motion to dismiss an Xfinity Mobile complaint alleging the company and its owner, Jakob Zahara, traffic in stolen phones (see 2211170061). There's nothing “civilly or criminally improper about GGT’s business practices,” said the reply filed in U.S. District Court for Arizona in Phoenix.

U.S. District Court Judge Amos Mazzant for Eastern Texas in Sherman denied AT&T’s Sept. 6 application for a preliminary injunction to stop T-Mobile’s allegedly false BannedSeniors.com ad and marketing campaign. The memorandum opinion and order the judge signed Wednesday (docket 4:22-cv-00760) came five days after he denied T-Mobile’s motion to dismiss AT&T’s application (see 2301170040).

Despite Apple’s promotion of its privacy policies, its practice of harvesting data from iPhones and other Apple devices “vacuums up a lot of data about consumers without permission,” alleges a Tuesday class action (docket 1:23-cv-411) in U.S. District Court for Southern New York in Manhattan.

The FCC retaliated against Blanca Telephone two days after the ILEC filed its petition for cert at the Supreme Court to enforce the 10th U.S. Circuit Appeals Court’s May 2021 mandate directing the agency to collect an old USF debt only through “nonpunitive administrative offset” means. So said Blanca in a supplement to that petition dated Jan. 16 and posted Wednesday (docket 22-645).

Plaintiff Cynthia Redd’s class action “seeks to expand” the Illinois Biometric Information Privacy Act “far beyond what its authors could have possibly intended,” said Amazon Web Services Tuesday in U.S. District Court for Northern Illinois in Chicago in its motion to dismiss (docket 1:22-cv-06779) Redd’s complaint for failure to state a claim.

Challenges to the FCC’s USF program filed in three federal circuits by Consumers Research raise larger questions about the nondelegation doctrine and how the FCC interprets Section 254 of the Communications Act, lawyers said during an FCBA hybrid event Wednesday. The case could be headed to the Supreme Court, they said.

Contrary to ResortCom’s “posturing,” the defendant in Marriott’s trademark infringement lawsuit to thwart Marriott telemarketing impersonators has been aware of its clients’ unauthorized use of the hotel trademark for years, said Marriott’s opposition Tuesday (docket 1:21-cv-00610) to ResortCom’s motion to dismiss in U.S. District Court for Eastern Virginia.

A Supreme Court ruling in Gonzalez v. Google that an internet platform can be liable for the content it recommends (see 2301130028) would increase the cost and prevalence of content moderation, chill speech, step on congressional authority and ignore other routes for curbing abuses by tech companies, said amicus briefs supporting Google (docket 21-1333) this week . Public Knowledge, the Washington Legal Foundation, the Center for Democracy and Technology and others weighed in on the case.

U.S. District Judge Rodolfo Ruiz for Southern Florida in Miami should follow “the legion of case law” in the 11th Circuit and dismiss all counts in plaintiff Christa Simmons’ class action alleging Procter & Gamble violated the Telephone Consumer Protection Act and the Florida Telephone Solicitation Act. So asserted P&G in a memorandum of law Tuesday (docket 0:22-cv-61956) in support of its motion to dismiss.

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.