Motive Technologies engages in a campaign to market its trucking logistics services through the use of prerecorded telemarketing calls, in violation of the Telephone Consumer Protection Act, alleged Joseph Bond’s class action Wednesday (docket 3:24-cv-01215) in U.S. District Court for Northern California in San Francisco. Bond never consented to receive calls from Motive, but the company nevertheless called his cellphone twice in early January, said the complaint. Bond contacted Motive about the prerecorded calling, and the company didn’t deny making the calls, it said. The telemarketing calls invaded the plaintiff’s privacy and solitude, wasted his time and tied up his phone line, the complaint said.
The seven-day stay for conditional transfer order 32 (CTO-32) was lifted in In Re: MOVEit Customer Data Security Breach Litigation, said a clerk’s notice (docket 3083) from the Judicial Panel on Multidistrict Litigation Wednesday. The five negligence class actions against 1st Source Bank in U.S. District Court for Northern Indiana related to Progress Software Corp.’s May data breach involve questions of fact common to actions previously transferred to the U.S. District Court for Massachusetts in Boston and assigned to U.S. District Judge Allison Burroughs, said the order. None of the five cases names Progress Software as a defendant. Since five actions were transferred to the Boston court on Oct. 4, 206 additional actions have been transferred, it said.
A Chicago-area child care agency violated the Illinois Biometric Information Privacy Act by using an employee timekeeping system that includes the dissemination of biometrics to third parties, such as data storage vendors and payroll services, alleged Evilin Cortez’s class action Monday (docket 1:24-cv-01589) in U.S. District Court for Northern Illinois in Chicago. The Little Achievers Learning Center's system stores and repeatedly uses employees’ biometrics each time they clock in or out for their jobs, said the complaint. Cortez relied on her employer “to not only provide a lawful and legally compliant system, but to also disclose all material information regarding the technology and system, including retention, destruction, and dissemination policies,” it said. Before taking possession of Cortez’s biometrics through its timekeeping system, Little Achievers didn’t inform her in writing that her biometrics “were being collected, stored, used, or disseminated,” nor did it publish any policy “specifically about the collection, retention, use, deletion, or dissemination of biometrics,” it said. To this day, the child care worker is unaware of the status of her biometrics obtained by her employer, which hasn’t informed her whether it still retains her biometric information, and if it does, for how long it intends to retain such information without her consent, it said. To the extent Little Achievers is still retaining Cortez’s biometrics, “such retention is unlawful,” said the complaint. Cortez wouldn’t have provided her biometric data to her employer or used its biometric timekeeping technology had she known that her information would remain with the employer “for an indefinite period or subject to unauthorized disclosure,” it said.
A Liberty, Missouri, hospital “disregarded” Dan Cook's rights by “intentionally, willfully, recklessly, or negligently failing to take and implement adequate and reasonable measures” to protect his personal health (PHI) and personally identifiable information (PII), alleged Cook's class action Wednesday (docket 4:24-cv-00134) in U.S. District Court for Western Missouri in Kansas City.
Two streaming video apps violated the Video Privacy Protection Act (VPPA) by integrating Meta tracking code into their platforms to disclose subscribers’ video viewing history to Meta for advertising and marketing purposes, said separate class actions against MLB.tv and FitOn.
A Westland, Michigan, business violates the Telephone Consumer Protection Act by sending unsolicited fax advertisements to promote its goods and services to would-be customers without their consent, alleged plaintiff William Gress’ class action Tuesday (docket 1:24-cv-01641) in U.S. District Court for Northern Illinois in Chicago. The Embroidery Shoppe either negligently or willfully violated the rights of Gress and other recipients in sending the faxes, said the complaint. The TCPA “expressly prohibits” unsolicited fax advertising because it damages the recipients, who are deprived of paper and toner and the authorized use of their fax machines, it said. There’s “no reasonable means” for Gress or other recipients to avoid receiving illegal fax advertisements, it said. Fax machines “must be left on and ready to receive the urgent communications authorized by their owners,” it said.
Donald Hess voluntarily dismissed without prejudice his class action claims against Rivers Casino in Des Plaines, Illinois, arising from an August data breach (see 2312150003), said his notice of dismissal Tuesday (docket 1:23-cv-16791) in U.S. District Court for Northern Illinois in Chicago. The plaintiff alleged that the information stolen in the data breach included individuals’ “private, sensitive information,” including their full names, phone numbers, email addresses, dates of birth, driver’s license ID numbers, financial account numbers, passport numbers and Social Security numbers.
Comcast notified the Judicial Panel on Multidistrict Litigation in a Tuesday notice (docket 3099) of two related class actions in U.S. District Court for Eastern Pennsylvania in Philadelphia involving Citrix's October data breach. Jaclyn Remark and Noah Birkett v. Comcast Cable Communications and Citrix Systems (docket 2:24-cv-00793) (see 2402230042) and Vince Estevez v. Comcast Cable Communications and Citrix Systems (docket 2:24-cv-00800) (see 2402260036), filed last week, bringing claims of negligence, breach of implied contract and third-party beneficiary contract, and unjust enrichment.
A data breach at Multi-Fineline Electronix (MFlex) in Irvine, California, was a direct result of the printed circuit manufacturer’s failure to implement adequate cybersecurity procedures to protect employees’ and beneficiaries’ personally identifiable information (PII) from a “foreseeable and preventable” cyberattack, alleged a class action Tuesday (docket 8:24-cv-00400) in U.S. District Court for Central California in Santa Ana.
The proposed class in a fraud class action challenging a Ponzi scheme involving bogus overseas licensing rights for HBO and Netflix films is owed $300 million for amounts loaned in 2018 and 2019, alleged AVR Group, Trident Asset Management and Illinois resident Michael Dziurgot in a fraud complaint Tuesday (docket 1:24-cv-20755) in U.S. District Court for Southern Florida in Miami.