Rebecca Day

Attorneys worked the weekend racing to file the first two known class actions to hold T-Mobile accountable for the data breach that enabled bad actors to access the accounts of, by T-Mobile's own estimation, 37 million current postpaid and prepaid customer accounts. The first filings came with remarkable speed -- within days after T-Mobile disclosed the breach in a 8-K report Thursday at the SEC.

SmartBiz Telecom “vehemently disputes” all factual robocalling allegations in a December complaint brought by Florida Attorney General Ashley Moody (R) over alleged violations of several statutes (see Ref:2212060034), said the defendant's motion to dismiss Friday (1:22-cv-23945) in U.S. District Court for Southern Florida in Miami. AG Moody “is trying to water seeds that haven’t been planted yet,” said defendant SmartBiz.

Chive Media Group knowingly disclosed to a third party, Meta Platforms, data containing its digital subscribers’ personally identifiable information and tracking history without their consent, in violation of the Video Privacy Protection Act, alleged a Friday class action (docket 1:23-cv-00337) in U.S. District Court for Northern Illinois in Chicago.

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.

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.

Plaintiff Marcus Baker’s complaint against Match Group for violation of the Illinois Biometric Information Privacy Act (BIPA) should be dismissed because he breached his agreement to bring his claims exclusively in small claims court, said Match’s Friday response in U.S. District Court for Northern Illinois in Chicago (docket 1:22-cv-06924). Alternatively, Match moved for the class action to be transferred to the U.S. District Court for Northern Texas, said its memorandum of law in support of the motions.

U.S. District Court Judge Amos Mazzant for Eastern Texas signed an order Friday (docket 4:22-cv-00760) denying defendant T-Mobile’s motion to dismiss AT&T's application for preliminary injunction in a case over alleged false advertising (see 2211020003).

The U.S. District Court for Northern California’s “change” theory, applied in SaurikIT v. Apple, is “tantamount to the idea that because a business has committed an antitrust violation before, it can continue to commit the same antitrust violation with impunity.” So argued SaurikIT, parent of the Cydia App Store, in the opening brief of its 9th U.S. Circuit Appeals Court appeal (docket 22-16527) of the district court’s May dismissal of certain claims barred by the statute of limitations.

Security camera company Arlo Technologies made false and misleading representations when it took away security camera features customers paid for, alleged a class action Thursday in U.S. District Court for Western Michigan.

Metro by T-Mobile’s “intentional participation” in a SIM card swap scheme, or its “recklessness and gross negligence” in failing to adequately protect employee credentials and a customer’s personal identifying information, led the customer to lose $280,000 worth of cryptocurrency due to identity theft, said a complaint (docket 2:23-cv-22) in U.S. District Court for Middle Florida in Fort Myers Wednesday.