Intel, CEO Pat Gelsinger and Chief Financial Officer David Zinsner are liable for false statements made to investors related to the company’s Intel Foundry Services (IFS) group, alleged a securities fraud class action Friday (docket 0:24-cv-01602) in U.S. District Court for Northern California.
Pinpoint Offers USA, a company that buys homes from consumers for cash, uses prerecorded calls to reach those consumers en masse without their consent, in violation of the Telephone Consumer Protection Act, alleged Richard Lipp’s class action Thursday (docket 8:24-cv-00940) in U.S. District Court for Central California in Santa Ana. The Chula Vista, California, resident has never done any business with Pinpoint, doesn’t own a property to sell, and didn’t provide his consent for Pinpoint to place prerecorded calls to his cellphone, said his complaint.
LoanDepot makes prerecorded telemarketing calls soliciting its financial services and loan products to individuals who have previously requested not to be called and to be added to its internal do not call list, alleged plaintiff Robert Hubble’s Telephone Consumer Protection Act class action Thursday (docket 1:24-cv-11173) in U.S. District Court for Eastern Michigan in Bay City. The Lake George, Michigan, resident began receiving loanDepot’s telemarketing calls in early January, soliciting him with mortgage services and loan products, said his complaint. When Hubble answered loanDepot’s calls, he was connected to live sales representatives, it said. On multiple occasions, the plaintiff explained that he wasn’t interested and didn’t need any mortgage services or loan products, it said. He would also request that loanDepot not call him again, it said. But despite his repeated requests, loanDepot continued calling him, it said. His complaint logs 50 loanDepot calls to his number between March 27 and April 24. The defendant or those calling on its behalf didn’t have written do not call policies or procedures in place at the time of the calls to Hubble and the classes, said the complaint. Alternatively, whatever written policies existed “either failed to comply with the minimum requirements under the TCPA,” or were never properly implemented, it said. LoanDepot’s TCPA violations were negligent, or they were willful and knowing, it said.
U.S. District Judge William Orrick for Northern California in San Francisco rescheduled for June 5 at 2 p.m. PDT a case management conference and motion hearing on FullStory’s April 2 motion to dismiss Jane Doe’s third amended privacy complaint (see 2404250017), said a text-only clerk’s order Thursday (docket 3:23-cv-00059). Doe’s January 2023 class action alleged Meta and TikTok, via their Pixel tracking codes, intercepted confidential healthcare information from her communications with Hey Favor, an online women-focused telehealth firm that delivered birth control. The plaintiff alleged Hey Favor knowingly and intentionally sent personally identifiable information about her and class members' medical history to Meta, TikTok and data analytics firm FullStory. Hey Favor rebranded as The Pill Club in January 2023 following a trademark lawsuit and then filed for Chapter 11 bankruptcy in April 2023, triggering a stay in the class action. In July, Doe voluntarily dismissed all claims vs. Hey Favor, following a June motion to lift the stay in which she said the action will exist against “advertising and analytics defendants” Meta, TikTok and FullStory, as if she had never named Hey Favor in the first place (see 2308010066).
Comedy record label 800 Pound Gorilla Media discloses consumers’ Facebook ID (FID) and the titles of videos they have viewed, in violation of the Video Privacy Protection Act (VPPA), alleged a class action Thursday (docket 3:24-cv-00787) Thursday in U.S. District Court for Southern California in San Diego.
San Diego County plaintiff Melissa Ryan has experienced an uptick in spam calls since an early January data breach at her mortgage lender, loanDepot, said her negligence class action Thursday (docket 2:24-cv-03630) Thursday U.S. District Court for Central California.
Two plaintiffs filed an unjust enrichment class action Wednesday against InMarket Media over its collection of consumers’ location data (docket 1:24-cv-11170). The filing in U.S. District Court for Massachusetts came the same day the FTC finalized a settlement with the data aggregator (see 2405010071).
Andre Dubus, author of The Garden of Last Days, and Susan Orlean, who wrote The Orchid Thief, sued Nvidia Thursday for copyright infringement in U.S. District Court for Northern California in San Francisco, alleging the tech company used their works to train its NeMo Megatron large language models for AI.
Bath Fitter, a home renovation company, made unsolicited telemarketing calls to consumers’ phone numbers that were listed on the national do not call registry, alleged a Telephone Consumer Protection Act class action Wednesday (docket 1:24-cv-21682) in U.S. District Court for Southern Florida in Miami. Otto Pardinas also alleges the company used automated systems to make telemarketing calls into Florida, and that by doing so, it violated the provisions of the Florida Telephone Solicitation Act, said the complaint. The Florida resident personally listed his number on the national DNC registry in 2004, it said. Pardinas uses the number for personal, residential and household reasons, the number isn’t associated with any business, and he never consented to receive Bath Fitter’s telemarketing calls, nor did he ever do any business with the company, it said. The company nevertheless made at least five prerecorded telemarketing calls to the plaintiff, it said. Pardinas, through counsel, wrote to Bath Fitter about the telemarketing calls he received, and the defendant didn’t deny making the calls, it said.
Alpha Lab Services makes telemarketing calls to consumers soliciting sales of its COVID-19 testing kits, and in so doing, it calls numbers listed on the national do not call registry, alleged Nelson Estrada’s Telephone Consumer Protection Act class action Wednesday (docket 1:24-cv-03531) in U.S. District Court for Northern Illinois in Chicago. Alpha also makes those calls to individuals who have previously requested not to be called and have asked to be added to Alpha’s internal DNC list, said the complaint. Estrada personally listed his phone number on the national DNC registry in March 2019, yet in March 2023, he began receiving numerous marketing calls made by or on behalf of Alpha soliciting him with COVID-19 testing kits, it said. The defendant’s calls all came from various phone numbers that used a 281 area code from the Houston area, said the complaint. Estrada believes Alpha used spoofing to make it appear that the caller was calling from the 281 area code, which was the plaintiff’s own area code, in an effort to make it more likely that he would answer the call, it said. The TCPA prohibits such spoofing conduct, it said. Estrada estimates that Alpha or its agents placed at least 14 telemarketing calls to his residential phone number despite his national DNC registry listing and despite his multiple requests that the calls stop, it said. He alleges that Alpha, and those calling on its behalf, didn’t have written DNC policies or procedures in place, said the complaint. Whatever written policies did exist “either failed to comply with the minimum requirements under the TCPA,” or were never properly implemented, it said. The plaintiff is entitled to damages of $1,500 per TCPA violation because Alpha’s actions were knowing and willful, it said.