U.S. District Judge Robert Shelby for Utah scheduled a video hearing for Monday at 3:30 p.m. MDT in NetChoice’s challenge of Utah’s newly enacted Minor Protection in Social Media Act, said a text-only notice Wednesday (docket 2:23-cv-00911). NetChoice is seeking a two-week deadline extension, to July 12, to reply in support of its motion for a preliminary injunction to block Utah Attorney General Sean Reyes (R) from enforcing the statute when it takes effect Oct. 1 (see 2406110004).

Though TikTok claims publicly to be committed to maintaining a safe and secure online environment, the platform “prioritizes profits and market growth over app safety,” alleged New Hampshire Attorney General John Formella (R) in a complaint Tuesday in New Hampshire Superior Court in Merrimack. TikTok misleads New Hampshire’s children and their parents “by lying about its ability to effectively moderate and maintain a safe digital environment for children,” said the complaint. TikTok’s features “exploit children’s underdeveloped psychological and neurological controls to lock young users into cycles of excessive and unhealthy usage of social media apps,” it said. “The consequences for New Hampshire’s children are devastating,” it said. TikTok’s business practices “are driving record levels of mental health problems, not to mention fueling body dysmorphia, pedophilia, and dangerous, sometimes illegal behaviors” in New Hampshire, it said. While excessive use is “highly lucrative” for TikTok, it’s “incredibly harmful to young users,” it said. Kids ages 13-17 “report using social media at a near-universal rate, with as many as 30% characterizing their own usage of social media as excessive,” it said. The eight-count complaint alleges that TikTok’s conduct constitutes multiple violations of New Hampshire’s consumer protection statute and common laws. The suit asks the court to permanently enjoin TikTok from engaging in the unlawful acts alleged, including its “deceptive and unfair acts and practices.”

The U.S. Supreme Court won’t review a Voting Rights Act case involving the Georgia Public Service Commission, the court said Monday. A text entry in case 23-1060 said the court denied the petition, which a group of Black voters filed. It sought review of the 11th U.S. Circuit Court of Appeals' finding that elections must remain statewide for the Georgia PSC’s five members, who represent five separate districts (see 2406040044). In a May 28 brief, Georgia called the case, involving Section 2 of the Voting Rights Act, a “splitless dispute” (see 2405290009). The petitioners "are very disappointed that the Supreme Court decided not to hear this case" and are "still reviewing our options for moving forward," their attorney, Bryan Sells, said.

New York state’s affordable internet law won’t be enforced for now, ISP associations said Monday. The industry groups won’t file a petition for rehearing or rehearing en banc of a 2nd Circuit U.S. Court of Appeals decision upholding New York state’s Affordable Broadband Act, according to a Friday letter to the court from ACA Connects, CTIA, NTCA, USTelecom and the New York State Telecommunications Association. The 2nd Circuit ruled in April that federal law doesn’t preempt the 2021 New York law requiring $15 monthly plans with 25 Mbps download and 3 Mbps upload speeds for qualifying low-income households (see 2404260051). The 2nd Circuit issued its mandate on that decision Monday. While Friday’s letter to the court didn’t say why ISPs wouldn’t seek rehearing, the industry groups previously told the court they were working toward an agreement with the state that would make a rehearing petition unnecessary (see 2406060038). In a joint statement Monday, the associations said they agreed not to seek rehearing because Attorney General Letitia James (D) agreed to “suspend enforcement of this law while the courts consider the litigation in this case.” The ISP groups said they “continue to support state and federal measures that foster broadband affordability without requiring rate regulation.” While the groups won’t seek rehearing by the 2nd Circuit, they could still seek U.S. Supreme Court review by the end of July. However, the industry groups expect a 6th Circuit ruling before that deadline -- possibly in the next three weeks -- on the FCC’s order reclassifying broadband as a Title II service, said an industry lawyer involved in the appeals process. The 6th Circuit ruling would affect how ISPs proceed on their challenge to the New York law because the 2nd Circuit decision was based on broadband as Title I, the lawyer said. If the 6th Circuit stays the FCC order, preserving a Title I world, industry would likely appeal the 2nd Circuit decision to the Supreme Court, the source said. However, if there isn’t a stay and the Title II order takes effect, industry could instead file a fresh lawsuit at the district court challenging the New York law under the Title II regime, the attorney said. AG James agreed not to enforce the state law until Aug. 21 or 14 days after a potential 6th Circuit stay of the FCC order, the attorney said. New York’s AG office referred us to the New York Public Service Commission for comment. However, a PSC spokesperson said the commission doesn’t comment on pending litigation.

The Michigan Supreme Court ruled that the state properly applied a state voter intimidation law to bring criminal charges against defendants Jacob Wohl and Jack Burkman for their roles in the robocall campaign to suppress Black citizens' mail-in votes in the run-up to the 2020 election, said the office of Michigan Attorney General Dana Nessel (D) in a news release Thursday. The ruling remanded the case to the Michigan Court of Appeals for consideration of the criminal charges, it said. “This voter intimidation law is a vital protection for Michigan voters and proponents of a participatory democracy,” said Nessel. “Intentionally false statements to deceive any Michigan voter from exercising their rights at the ballot box are illegal,” she said. “I’m grateful to have this ruling make that abundantly clear, especially as we head toward another presidential election this autumn. We look forward to continuing with the criminal case and bringing this matter to trial.” U.S. District Judge Victor Marrero for Southern New York in Manhattan granted summary judgment against Wohl and Burkman in a 111-page order he signed in March 2023 (see 2303090003). Marrero found that Wohl and Burkman “set into motion a full-scale voter suppression operation during the summer of 2020 to discourage eligible voters from voting” by targeting mail-in votes in Black neighborhoods in Atlanta, Charlotte, Cleveland, Detroit, Milwaukee, Philadelphia and Richmond. Wohl and Burkman were to face an April 15 jury trial on summary judgment damages, but they and the 10 plaintiffs in the case agreed to a consent decree that averted the trial with a week to spare (see 2404090022).

NetChoice seeks a two-week deadline extension, to July 12, to reply in support of its motion for a preliminary injunction to block Utah Attorney General Sean Reyes (R) from enforcing the state’s newly enacted Minor Protection in Social Media Act when it takes effect Oct. 1 (see 2405060006), said NetChoice’s unopposed motion Monday (docket 2:23-cv-00911) in U.S. District Court for Utah in Salt Lake City. The “modest extension” will give NetChoice adequate time to respond to the arguments raised in Reyes’ 60-page opposition brief and won’t delay the close of briefing in this case, said the motion. NetChoice will still file its opposition to Reyes’ motion to dismiss on June 28, it said. Reyes is seeking the dismissal of count VI of NetChoice’s 11-count complaint that argues Section 230 of the Communications Decency Act preempts Utah’s new social media law (see 2406030026). NetChoice opposes the statute as “an unconstitutional restriction on minors’ and adults’ ability to access and engage in protected speech.”

Plaintiff Ruby Gamez and defendant Redbox reached an agreement settling Gamez’s Florida Telephone Solicitation Act claims against Redbox, Gamez’s settlement notice Friday (docket 8:23-cv-01497) in U.S. District Court for Middle Florida in Tampa said. The parties “are in the process of finalizing the settlement agreement,” it said. Gamez’s July class action alleged that Redbox phones consumers promoting goods and services without having secured prior express written consent, as the FTSA requires (see 2307060003). Redbox’s unlawful conduct "aggrieved" Gamez and class members, she said, because it “infringed upon their legal rights not to be subjected to the illegal acts at issue.”

ISP groups will have until June 14 to seek rehearing of a 2nd Circuit U.S. Court of Appeals decision that federal law doesn’t preempt a 2021 New York law requiring $15 monthly plans with 25 Mbps download and 3 Mbps upload speeds for qualifying low-income households. On Friday, the appeals court granted the industry groups’ Thursday request for a one-week extension. The groups had told the court they needed more time to reach an agreement with New York state (see 2406060038).

Verizon agreed to pay New Jersey $175,000 to resolve the state’s allegations that the company violated New Jersey’s consumer protection laws in the marketing and sale of its Fios services, said Attorney General Matthew Platkin Wednesday. Platkin’s office had alleged that Verizon failed to honor advertised prices for Fios service, and that it didn’t deliver promotional gifts or promised refunds. The state also alleged that Verizon failed to honor all cancellation requests in a timely manner, and that it automatically renewed consumers' contracts without their consent. "When companies make promises to consumers, whether through advertisements, sales pitches, or other means, they are required by law to make good on those promises," said Platkin in a statement. Verizon declined comment, though Platkin’s office said the company denied the allegations.

ISP associations and New York state “continue to discuss and anticipate soon reaching an agreed-to stipulation regarding the” state’ s affordable broadband law “that would obviate the need for” industry to seek rehearing, the ISP plaintiffs said Thursday at the 2nd U.S. Circuit Court of Appeals. The New York State Telecommunications Association, CTIA and other groups sought an additional week, until June 14, to seek rehearing. The state doesn’t oppose the proposed extension, they said. The petition had been due Friday under a previous extension (see 2405240008). On April 26, the 2nd Circuit decided that federal law didn’t preempt the 2021 New York law requiring $15 monthly plans providing 25 Mbps download and 3 Mbps upload speeds for qualifying low-income households (see 2404260051).