Experian will pay $650,000 to settle charges it sent consumers unsolicited email without offering them a way to opt out, the agency said Monday. “Signing up for a membership doesn’t mean you’re signing up for unwanted email, especially when all you’re trying to do is freeze your credit to protect your identity,” said Samuel Levine, director of the FTC Bureau of Consumer Protection.

FunPlus falsely advertises price discounts for in-game purchases and carries out other “deceptive and unfair business practices” in its Guns of Glory: Lost Island (GOG) mobile game, said a Monday class action (docket 3:23-cv-04122) in U.S. District Court for Northern California in San Francisco. Plaintiff Loren Kelly, a California resident, alleges violations of California’s Unfair Competition and False Advertising laws and Consumers Legal Remedies Act.

The “majority view” among the appellate courts requires “consideration of the economies of scale when addressing attorneys’ fees awarded in class action settlements exceeding $100 million,” said the statement of issues filed Monday (docket 23-2744) in the 8th U.S. Circuit Court of Appeals by objector-appellant Cassie Hampe. She’s pursuing the appeal to protest what she argues are “windfall” attorneys’ fees doled out in the class settlement in the 47-case multidistrict litigation arising from T-Mobile’s 2021 data breach.

Tile’s partnership with Amazon’s Sidewalk network “expanded the reach and efficacy of the Tile tracker" and “exponentially magnified the danger posed to victims,” said a class action Monday (docket 3:23-cv-04119) against Tile, its parent company Life360 and Amazon in U.S. District Court for Northern California in San Francisco.

The U.S. Supreme Court should grant the cert petitions of NetChoice and the Computer & Communications Industry Association challenging the restrictions in the Florida and Texas social media platforms’ content moderation laws on First Amendment grounds, said Solicitor General Elizabeth Prelogar in an amicus brief Monday (dockets 22-277 and 22-555).

Communications Litigation Today is tracking the below lawsuits involving appeals of FCC actions. Cases marked with an * were terminated since the last update.

Plaintiff Dan Marlow’s claims “belong in arbitration,” said T-Mobile’s Friday motion to compel arbitration (docket 1:23-cv-04301) and stay a negligence case in U.S. District Court for Eastern New York in Brooklyn.

The plaintiffs' allegations of actual identity theft in the Samsung data breach multidistrict litigation are “implausible, insufficiently pled, and not a cognizable injury absent economic loss,” said Samsung’s notice Friday (docket 1:23-md-03055) of its motion to dismiss in U.S. District Court for New Jersey in Camden.

Four months ago, U.S. District Judge Manish Shah for Northern Illinois rejected the FTC’s “unprecedented effort” to use the “substantial-assistance” provision of the Telemarketing Sales Rule “to impose novel liability on Walmart for processing money transfers at the request of customers who later claimed that they had been defrauded by third-party criminals,” the retailer said. It filed a memorandum of law Friday (docket 1:22-cv-03372) in support of its motion to dismiss the FTC’s June 30 amended complaint for failure to state a claim.

Montana’s TikTok ban, SB-419, is “both unprecedented and unconstitutional” and “a direct restriction on protected expression and association,” said an ACLU and Electronic Freedom Foundation amicus brief Friday (docket 9:23-cv-00061) in support of the plaintiffs' motions for a preliminary injunction to block Montana Attorney General Austin Knudsen (R) from enforcing the statute when it takes effect Jan. 1 (see 2307070002).