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).

An April 1 FTC order denying MGM Resorts International's petition to quash a civil investigative demand (CID) “unlawfully deprives MGM of its rights under the Fifth Amendment,” said the hotel chain’s complaint Monday (docket 1:24-cv-01066) in U.S. District Court for the District of Columbia. The CID requested information as part of a nonpublic investigation involving MGM's September cyberattack.

Video game companies make their games addictive to young people to maximize profits, alleged a class action (docket 1:24-cv-00064) against Epic Games, Take-Two Interactive Software, Rockstar Games, Microsoft, Mojang Studios, Sony Interactive, Roblox, Nintendo of America and Google, filed Friday in U.S. District Court for Northern Florida in Gainesville.

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.

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).

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.

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 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).

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.

Three trackers collect Buzzfeed consumers’ IP addresses when they visit the entertainment website, without their consent, alleged a privacy class action Thursday (docket 1:24-cv-02753) in U.S. District Court for Southern New York in Manhattan.