Plaintiff Jacob Howard’s June 4 class action to halt the Republican National Committee’s alleged Telephone Consumer Protection Act wrongdoing through its “illegal” text-messaging campaign (see 2306050052) “can be quickly resolved under Rule 12(b)(6),” said the RNC’s memorandum Thursday (docket 2:23-cv-00993) in U.S. District Court for Arizona in Phoenix in support of its motion to dismiss. As a matter of law, a text message with a video, or more accurately a video link, isn't an artificial or prerecorded voice call within the meaning of the TCPA, said the RNC.

Chargebacks911’s motion to stay discovery pending a ruling on its amended motion to dismiss should be denied, said the FTC and the Florida attorney general in their Aug. 21 opposition (docket 8:23-cv-00796) in U.S. District Court for Middle Florida in Tampa.

U.S. District Judge Daniel Calabretta for Eastern California in Sacramento granted Google’s Jan. 23 motion to dismiss the Republican National Committee’s complaint and its allegations that Google intentionally misdirected the RNC’s fundraising emails to Gmail users’ spam folders at the end of each month (see 2210260080), said Calabretta’s signed order Thursday (docket 2:22-cv-01904). The judge granted the RNC partial leave to amend to establish that Google didn't act in good faith, said the order.

Some $1,399 worth of SanDisk solid-state disk drives (SSDs) bought by plaintiff Emilio Pousa are “essentially worthless,” and parent company Western Digital didn't compensate him for his losses, said a Tuesday fraud class action (docket 5:23-cv-04281) in U.S. District Court for Northern California in San Jose. Pousa names Western Digital and “Does 1-10,” whose identities and involvement in the wrongdoing at issue will be revealed “if and when they become known,” said the complaint.

U.S. District Judge Trina Thompson for Northern California in San Francisco denied Robert F. Kennedy Jr.’s application for a temporary restraining order and request for urgent discovery in his freedom of speech lawsuit against Google, said her signed order Wednesday (docket 3:23-cv-03880). Counsel for the parties appeared at a hearing on the application Monday.

Former Comcast utility worker Greg Bostard routinely had to climb over Verizon’s lead-sheathed cables to reach and service Comcast’s cables mounted on the same poles, and his “direct and regular exposure” to toxic lead caused him “a present injury” that increases the risk he will develop more “catastrophic health effects,” alleged his negligence class action Wednesday (docket 1:23-cv-08564) in U.S. District Court for New Jersey in Camden.

Arkansas Attorney General Tim Griffin (R) denies NetChoice’s allegations that SB-396, the state’s social media age verification law, is unconstitutional on First Amendment grounds (see 2306300001), said his answer Wednesday (docket 5:23-cv-05105) in U.S. District Court for Western Arkansas in Fayetteville. NetChoice seeks a preliminary injunction to bar Griffin from enforcing the measure when it takes effect Sept. 1.

U.S. District Judge Jose Martinez for Southern Florida in Miami denied defendant Smartbiz Telecom’s Jan. 20 motion to dismiss Florida Attorney General Ashley Moody’s (R) robocall complaint (see 2301230054), said his signed order Wednesday (docket 1:22-cv-23945).

U.S. District Judge Christine O’Hearn for New Jersey in Camden signed an order Tuesday (docket 1:23-md-03055) in the Samsung data breach multidistrict litigation that grants the parties’ stipulation setting Sept. 22 as the deadline for the plaintiffs’ opposition to Samsung’s Aug. 11 motion to strike the amended consolidated complaint’s class allegations. Samsung filed the motion to strike concurrently with the motion to dismiss (see 2308140053).

Progress Software (PSC) and Pension Benefits Information (PBI) failed to properly secure and safeguard plaintiff Dana LoGiudici’s personally identifiable information (PII), said a Tuesday class action (docket 1:23-cv-11916) in U.S. District Court for Massachusetts in Boston. Defendants violated Section 5 of the FTC Act by failing to protect plaintiffs’ PII in a data breach, it said.