Similar class actions filed Tuesday vs. StubHub and SeatGeek by Levi & Korsinsky allege the online ticket purchase sites violated the New York Arts & Cultural Affairs Law by charging fulfillment and service fees that weren’t disclosed to plaintiffs, all New York residents, at the beginning of the purchase process.
Cyber thieves had eight days to exfiltrate confidential personally identifiable information (PII) of more than 4.4 million current and former patients of healthcare provider networks that use HealthEC’s technology services, said a class action Tuesday (docket 2:24-cv-00697) brought by six Tennessee plaintiffs in U.S. District Court for New Jersey in Newark.
March 8 is plaintiff Radley Bradford’s deadline for any motion to join other parties, amend the pleadings or file additional pleadings in his Telephone Consumer Protection Act class action against Beyond Finance, a provider of debt-consolidation services, said an order signed Monday (docket 3:23-cv-01904) by U.S. Magistrate Judge Allison Goddard for Southern California in San Diego. Class discovery must be completed by May 20, and Bradford’s motion for class certification is due July 1, said Goddard’s order. Bradford’s class action alleges that Beyond Finance committed “knowing and intentional” violations of the TCPA, and didn’t maintain procedures “reasonably adapted to avoid any such violation” (see 2310190002).
Heather Lee Minor isn’t willing to agree to a third extension for Apollo Interactive’s discovery responses after the defendant missed its Jan. 18 for providing those responses, said the parties’ joint status report Monday (docket 4:23-cv-00355) in U.S. District Court for Northern Florida in Tallahassee. Minor’s class action alleges that Apollo, an advertising agency that provides lead-generation services to businesses in the insurance industry, inundates U.S. consumers with unsolicited texts through a program called Apollo Alerts, to numbers listed on the national do not call registry (see 2308110002). She alleges she listed her cellphone number on the DNC registry in March 2022, yet she received multiple text messages from Apollo targeted to named consumers she didn’t know.
Plaintiffs Tiffany Harris, Dianne Sullivan and Virginia Cole collectively received nine telemarketing calls from Senior Life Insurance Co. promoting final expense insurance to numbers listed on the national do not call registry, in violation of the Telephone Consumer Protection Act, alleged their class action Monday (docket 2:24-cv-00035) in U.S. District Court for Eastern Washington in Spokane. At no point in time did the plaintiffs provide the insurer with their express written consent to be contacted, said their complaint. The defendant’s unsolicited phone calls caused the plaintiffs “actual harm,” including invasion of their privacy, aggravation, annoyance, intrusion on seclusion, trespass and conversion, it said. The plaintiffs estimate that they spent numerous hours investigating the unwanted phone calls, including how the insurer obtained their numbers and who the insurer was, it said.
Grant Herrmann, the law firm representing authors Nicholas Basbanes and Nicholas Gage in their Jan. 5 copyright infringement lawsuit against Microsoft and OpenAI, is being sidelined by counsel for the other 29 authors and the Authors Guild, it wrote U.S. District Judge Sidney Stein for Southern New York in Manhattan in a letter Monday (docket 1:23-cv-08292).
The parties in a privacy class action vs. NBCUniversal and Peacock TV haven't engaged in any settlement discussions and anticipate a five-day trial, they said in a joint letter and proposed scheduling order Monday (docket 1:23-cv-09433). They were submitted under a Jan. 22 order and notice of initial conference from U.S. District Judge Vernon Broderick for Southern New York in Manhattan.
NovaTech, registered in St. Vincent and the Grenadines, its executives and directors, and Does 1-500 conspired to commit fraud via a cryptocurrency Ponzi scheme targeted to investors “with little to no experience” in trading crypto assets and foreign exchange, alleged a racketeering class action Monday in U.S. District Court for the Southern District of New York in Manhattan.
U.S. District Judge Valerie Caproni for Southern New York in Manhattan granted Warner Bros. Discovery's motion to dismiss a class action brought by two WBD shareholders alleging that false and misleading statements were in the offering materials that preceded the transaction from which WBD emerged (see 2302160002), said her signed opinion and order Monday (docket 1:22-cv-08171). She dismissed the case with prejudice.
Team Sunshine Solar promotes roofing and solar services for New England-area homeowners by engaging in “unsolicited marketing, harming thousands of consumers in the process,” alleged Alan Grochowski’s Telephone Consumer Protection Act class action Friday (docket 2:24-cv-14030) in U.S. District Court for Southern Florida in Fort Pierce. A resident of Sebastian, Florida, Grochowski has been on the national do not call registry since July 2003, yet he received a Team Sunshine Solar telemarketing call April 14, said his complaint. Grochowski answered the call, and the telemarketing agent “began discussing solar installation for a home in New Hampshire,” it said. Grochowski once lived in New Hampshire, but no longer does. He told the caller he wasn’t interested and not to call him again, it said. Yet the company placed at least four additional calls or texts to Grochowski May 6 and 7, it said. He seeks a declaration that the company’s practices violate the TCPA, and an injunction prohibiting it from calling residential numbers on the national DNC registry “without the prior express permission of the called party.”