Dylan Das seeks to recover damages on behalf of himself and other iRobot shareholder class members attributable to the 74% plunge in iRobot’s stock value during the 17-month period in which Amazon and iRobot were working unsuccessfully to win global regulators' approval of Amazon’s $1.7 billion iRobot buy. Das filed his securities fraud class action Friday (docket 2:24-cv-02138) in U.S. District Court for New Jersey in Newark.
David Almeida filed a class action against Localize City, a real estate acquisition platform that supports real estate agents by using AI technology to convert leads into sales, to "enforce the consumer privacy provisions afforded" by the Telephone Consumer Protection Act, said his complaint Thursday (docket 1:24-cv-01948) in U.S. District Court for Northern Illinois in Chicago. Localize sent unsolicited text messages promoting its real estate listings to the Cook County resident and the putative class members using an automatic telephone dialing system, alleges the complaint. Almeida’s phone number has been listed on the national do not call registry since December 2022, so the text messages Localize sent him were in “clear violation” of the TCPA, it said. Localize’s website says the company believes in the “transformative and limitless potential” of AI built for real estate, said the complaint. By leveraging “deep technologies,” says the website, Localize empowers real estate agents, teams and brokers “to amplify their reach beyond human capabilities and create new opportunities.” Almeida alleges receiving “the first of many automated, unsolicited and unconsented text messages” on Feb. 13 from the same phone number belonging to Localize. The text messages Localize sent the plaintiff “consisted of pre-written templates” that it would have sent to "thousands" of other consumers, said the complaint. Upon information and good faith belief, the language in the messages “were automatically generated and inputted into pre-written text templates without any actual human intervention in the drafting or sending of the messages,” it said. Almeida never provided Localize with express written consent authorizing it to transmit text messages to his cellphone number, it said. The text messages caused Almeida and the class members harm, “including liquidated damages, inconvenience, invasion of privacy, aggravation, annoyance, and violation of their statutory privacy rights,” it said.
Plaintiff Jessica Carey and defendant Comcast jointly asked the U.S. District Court for Southern Florida in Fort Lauderdale for an order transferring Carey's class action involving the October Citrix Systems data breach to the Eastern District of Pennsylvania in Philadelphia in a Thursday motion (docket 0:24-cv-60008). Carey’s Jan. 3 complaint vs. Citrix and Comcast (see 2401030066) said the defendants failed to collectively secure and safeguard her and other putative class members’ personally identifiable information. The suit asserts claims for negligence, negligence per se, breach of implied contract, breach of third-party beneficiary contract, and unjust enrichment, Carey’s action was one of 12 included in a motion before the Judicial Panel on Multidistrict Litigation to transfer cases in In Re: Citrix Data Security Breach Litigation to the Eastern District of Pennsylvania for coordinated or consolidated pretrial proceedings (see 2401120011). The MDL has since been renamed In Re: Comcast (NetScaler CVE-4966) Customer Data Security Breach Litigation. The first-filed action related to the Citrix Bleed incident was filed in Philadelphia federal court Dec. 19; since then, 16 more cases stemming from the same data breach have been filed against Comcast or Comcast and Citrix and are currently pending in the court, said the motion. Also Thursday, U.S. District Judge Donald Middlebrooks for Southern Florida signed an order dismissing Citrix from Carey’s class action following her March 1 notice of voluntary dismissal.
The plaintiffs in a fraud suit against Amazon didn’t receive the benefit of their bargain when the company hiked prices for its Prime Video subscription service in January, alleged their class action Thursday (docket 2:24-cv-00309) in U.S. District Court for Western Washington in Seattle.
The Night Flight Plus streaming service, which permits viewers to watch throwback TV shows, music videos and movies from the 1980s, has installed tracking pixels on its website that “secretly and surreptitiously send consumers’ viewing activities” to Meta without their consent, alleged plaintiff Jerry Seguin’s Video Privacy Protection Act class action Wednesday (docket 3:24-cv-01354) in U.S. District Court for Northern California in San Francisco.
Fourteen plaintiffs represented by Moskowitz Law filed a trio of complaints Thursday in three different jurisdictions alleging sports and entertainment defendants used the now-bankrupt FTX global cryptocurrency exchange to participate in FTX Group’s “massive, multi-billion-dollar global fraud.”
One must “affirmatively register one’s own phone number” on the national do not call registry for Telephone Consumer Protection Act prohibitions to “apply,” said Shoe Carnival’s memorandum Wednesday (docket 3:23-cv-00215) in U.S. District Court for Southern Indiana in Evansville in support of its motion to dismiss plaintiff Timothy Moore’s class action (see 2312060001). Moore seeks to recover statutory damages for a handful of text messages he received, said the memorandum. He asserts that the texts were sent to him despite his phone number being on the national DNC registry and that the texts failed to sufficiently identify Shoe Carnival as the sender, it said. But there’s no claim under the TCPA “for a call -- if a text is indeed a call -- to a telephone number that is just ‘on’ the National DNC registry,” it said. If Moore didn’t register his own number, and he alleges no facts that he did, then he can’t state a claim. it said. Further, the screenshots of the texts he received prove that Shoe Carnival complied with the sender identification requirements of the TCPA that Moore alleges Shoe Carnival violated, it said.
Deborah Anderson listed her cellphone number on the national do not call registry in July 2005, yet starting in early 2022 and continuing through the present, she received numerous text messages from a rotating series of phone numbers, seeking to solicit her to use two real estate firms in the sale of her house, alleged her Telephone Consumer Protection Act class action Wednesday (docket 8:24-cv-00591) in U.S. District Court for Middle Florida in Tampa. Anderson didn’t recognize the senders, and wasn’t looking to sell her Cleveland, Ohio, home, said the complaint. She didn’t give the firms, Distressed Solutions and Southeast Property Investments Network, prior express written consent to send text messages to her cellphone, it said. She suffered actual harm as a result of the text messages at issue “in that she suffered an invasion of privacy, an intrusion into her life, and a private nuisance,” it said.
Plaintiff Christopher Prosser voluntarily dismisses, without prejudice, his Telephone Consumer Protection Act class action against Medica Central Insurance “for the purpose of consolidation of multiple cases,” said his notice Wednesday (docket 4:24-cv-00276) in U.S. District Court for Eastern Missouri in St. Louis. The notice “is not to cause any undue delay, nor for bad faith or any other vexatious purpose,” it said. Prosser’s complaint alleged that Medica and its agents use automated systems to make outbound telemarketing calls and text messages to hundreds if not thousands of consumers across the U.S., soliciting consumers to purchase their services and insurance policies, in violation of the TCPA and the Missouri No-Call law (see 2402230006).
Plaintiffs unsuccessful in an antitrust suit vs. Apple three years ago filed another class action (docket 1:24-cv-00053) Tuesday in U.S. District Court for Wyoming in Casper, alleging the iPhone maker engages in “improper conduct that censors app developers.”