Concertgoers must pay “supracompetitive prices” for event tickets because Ticketmaster “levies excessively high fees in the primary market on tickets that it sells, which are then passed down to consumers in the secondary market,” an antitrust class action alleged Wednesday (docket 1:24-cv-04106) in U.S. District Court for Southern New York.
Lisa Bodenburg is appealing the May 8 dismissal of her iCloud+ fraud class action against Apple to the 9th U.S. Circuit Court of Appeals, said her notice of appeal Friday (docket 3:23-cv-04409) in U.S. District Court for Northern California in San Jose. The plaintiff alleges that the iCloud+ service delivers consumers 5 GB less cloud storage than it contracted for when it accepted their monthly subscription payments (see 2308270001). In addition to breach of contract, the lawsuit alleges violations of several statutes, including California’s Consumer Legal Remedies Act and its Unfair Competition Law. Bodenburg received 200 GB of paid cloud storage that was stated in the plans and pricing information accessible through the link in her written iCloud+ agreement, said U.S. District Judge Trina Thompson’s signed dismissal order. Bodenburg thought she was receiving a different type of 200 GB, composed of 5 GB of free cloud storage and 195 GB of paid cloud storage, but in fact, she received 200 GB of paid cloud storage, said the order: “Clearly, she did receive the GB amount that was in the plans and pricing information, and therefore there are insufficient facts to support a breach of contract claim.” The judge also found that because the GB listed in the plans and pricing is more storage than the free 5 GB, Bodenburg can’t point to any false statements that Apple made. “Consequently, the heightened pleading standard is not met,” and the complaint “fails to state sufficient facts for any of the consumer protection claims,” said Thompson’s order.
Weather Group Television discloses consumers’ personally identifiable information (PII) to third parties, alleged a Video Privacy Protection Act class action Tuesday (docket 1:24-cv-11349) in U.S. District Court for Massachusetts.
The parties in the consolidated appeal to affirm or reverse the preliminary injunction blocking the enforcement of Montana’s statewide TikTok ban (see 2312010003) want the 9th U.S. Circuit Appeals Court to hold the appeal in abeyance, pending the D.C. Circuit’s decision in the TikTok/ByteDance constitutional challenge of the federal TikTok ban, said the parties’ joint motion Tuesday (docket 24-34).
Printbox, a subcontractor for Amaze Software, is suing the company for failing to make full payment for photo and print services that the plaintiff completed for Amaze customer Sam's West, which owns Sam's Club. The Polish company filed a fraud complaint Wednesday (docket 5:24-cv-051060) in U.S. District Court for Western Arkansas in Fayetteville.
All parties in the consolidated district court case that challenges Montana’s statewide TikTok ban seek to stay those proceedings pending the “final adjudication” of TikTok’s constitutional challenge to the federal TikTok ban that's embedded in the Protecting Americans from Foreign Adversary Controlled Applications Act, said their joint motion Tuesday (docket 9:23-cv-00061) in U.S. District Court for Montana in Missoula. TikTok and parent ByteDance filed the constitutional challenge May 7 in the U.S. Court of Appeals for the D.C. Circuit (see 2405070045).
T-Mobile has several “overarching objections” to the May 7 report in which Ben Levitan, the new RF expert hired by Roswell, Georgia, concluded it would be “overkill” for T-Mobile to build a 108-foot cell tower to remedy a significant wireless coverage gap (see 2405080002), said Levitan’s memorandum Monday (docket 1:10-cv-01464) in U.S. District Court for Northern Georgia. It said T-Mobile is unaware “of the source of the cell phone coverage maps” Levitan used in his report and analysis. “This is odd, because these maps are the simulation maps created by T-Mobile themselves and used in their application to show their gap in 4G cell service in Roswell, and the simulation of the improvement that their proposed cell tower will bring,” said the memorandum. These maps have been “the key” to T-Mobile’s argument for the new cell tower since the dispute began in 2010, it said. Contrary to T-Mobile's argument that the report fails to cite the source of these maps, the proper citations are in the report, but even without a citation, the maps “should have been easily recognizable to T-Mobile,” it said. Levitan’s report found that T-Mobile’s concerns about a lack of cellphone service to a specific 0.9-square-mile area of Roswell, and the inability for residents in that area to have 911 service, are “unfounded,” said the memorandum. Levitan also found that 5G service is "ubiquitous throughout Roswell," it said: “As new generations of the cell phone networks are designed, they fully incorporate the functionality of previous generations, and as such, any 3G, 4G or LTE phone operating in a 5G network will work fine. This backward compatibility means that there is no need to update the 4G coverage in the gap area as it is fully covered by 5G.” T-Mobile’s lawsuit against Roswell for the city's denial of its cell tower application turned 14 years old on Monday.
BookTix, a virtual box office for local community performances, conceals processing fees until the final moments of checkout, in violation of New York’s “all-in pricing” mandate, alleged a fraud class action Monday (docket 7:24-cv-03670) in U.S. District Court for Southern New York in White Plains.
Marcelino Padilla and Danny Contreras circumvented Dish Network and Sling TV’s security measures and retransmitted their copyrighted TV programming without authorization, alleged a Digital Millennium Copyright Act complaint Friday (docket 8:24-cv-01028) in U.S. District Court for Central California.
Yippee Entertainment, a faith-based streaming service for children, violates the Video Privacy Protection Act (VPPA) by disclosing the personally identifiable information (PII) of viewers for marketing, advertising and analytics purposes, alleged a class action Friday (docket 3:24-cv-00797) in U.S. District Court for Southern California.