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.

Peacock TV and NBC “intentionally designed” their apps to collect and transmit subscribers’ video viewing history and personally identifiable information (PII) to third parties, said Amma Afriyie and Roy Campbell in their memorandum of law Friday (docket 1:23-cv-09433) in U.S. District Court for Southern New York in Manhattan in opposition to the defendants’ motion to dismiss (see 2401220054).

The FCC is asking the 11th U.S. Circuit Appeals Court to deny the Insurance Marketing Coalition’s April 3 motion to stay portions of its Dec. 18 order implementing rules under the Telephone Consumer Protection Act to target and eliminate illegal robotexts, pending the disposition of the coalition’s appeal to vacate the order (see 2312220059). The commission filed its opposition Monday (docket 24-10277).

For “many years,” General Motors, OnStar and LexisNexis Risk Solutions have been collecting location, vehicle and personally identifiable information (PII) from OnStar-equipped vehicles and selling “vast amounts” of that data to third parties, alleged a privacy class action Friday (docket 2:24-cv-02978) in U.S. District Court for Central California in Los Angeles.

The International Trade Commission’s October order preventing Apple from importing its Series 9 and Ultra 2 watches based on allegations of patent infringement by medical device company Masimo -- which doesn’t currently sell its watches in the U.S. -- “creates serious risks for U.S. businesses,” said NetChoice Monday in a news release.

Section 3 of the Federal Arbitration Act (FAA) “unequivocally forecloses” a court’s authority to dismiss rather than stay cases subject to arbitration provisions, said petitioners Wendy Smith, Michelle Martinez and Kenneth Turner in their U.S. Supreme Court reply brief Friday in Smith v. Spizzirri (docket 22-1218).

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 U.S. District Court for Eastern Texas in Tyler should deny the State Department’s March 25 motion to dismiss the press censorship complaint brought by Texas Attorney General Ken Paxton (R) and the Daily Wire and Federalist media outlets, said the plaintiffs’ opposition Wednesday (docket 6:23-cv-00609).

The FCC's Oct. 25 declaratory ruling authorizing E-rate funding for Wi-Fi on school buses (see 2312200040) is “contrary to law” because it “improperly expands” the schools and libraries universal service program under Section 254 of the Communications Act, said the Competitive Enterprise Institute in an amicus brief April 9 (docket 23-60641) at the 5th U.S. Circuit Court of Appeals.

Carvana seeks the Rule 12(b)(6) dismissal of plaintiff Michael Cribier’s Jan. 12 Telephone Consumer Protection Act class action because the complaint fails to state a claim upon which relief can be granted, said its motion Thursday (docket 3:24-cv-00094) ) in U.S. District Court for Southern California in San Diego.