Adobe deceived consumers by hiding early termination fees for its Photoshop and Acrobat subscriptions, among others, and by not making it easy for them to cancel, alleged an FTC complaint Monday (docket 5:24-cv-03630) in U.S. District Court for Northern California in Oakland.
Though the Telephone Consumer Protection Act “expressly prohibits” unsolicited fax advertising, a Delaware marketing services company, routinely sends them directly to recipients or through at least 10 hired John Doe agents, alleged a class action Thursday (docket 1:24-cv-04912) in U.S. District Court for Northern Illinois in Chicago. William Gress, a practicing chiropractor in Homewood, Illinois, received a fax solicitation from Klip-It or its agents on June 4, advertising an “influencer marketing platform” to attract new patients through social media, said the complaint. The defendants, “either negligently or wilfully,” violated the rights of Gress and other recipients in sending the faxes, it said. Gress had no prior relationship with the defendants and hadn’t authorized the sending of fax ads, it said. On information and belief, the June 4 fax “was sent as part of a mass broadcasting of faxes,” it said. The fax didn’t contain an opt-out notice that complies with the TCPA, it said. On information and belief, the defendants have transmitted similar unsolicited fax ads to at least 40 other persons in Illinois, it said. There’s “no reasonable means” for Gress or other recipients of the defendants’ unsolicited fax ads to avoid receiving illegal faxes, said the complaint: “Fax machines must be left on and ready to receive the urgent communications authorized by their owners.”
NetChoice seeks a two-week deadline extension, to July 12, to reply in support of its motion for a preliminary injunction to block Utah Attorney General Sean Reyes (R) from enforcing the state’s newly enacted Minor Protection in Social Media Act when it takes effect Oct. 1 (see 2405060006), said NetChoice’s unopposed motion Monday (docket 2:23-cv-00911) in U.S. District Court for Utah in Salt Lake City. The “modest extension” will give NetChoice adequate time to respond to the arguments raised in Reyes’ 60-page opposition brief and won’t delay the close of briefing in this case, said the motion. NetChoice will still file its opposition to Reyes’ motion to dismiss on June 28, it said. Reyes is seeking the dismissal of count VI of NetChoice’s 11-count complaint that argues Section 230 of the Communications Decency Act preempts Utah’s new social media law (see 2406030026). NetChoice opposes the statute as “an unconstitutional restriction on minors’ and adults’ ability to access and engage in protected speech.”
The FCC’s Oct. 25 declaratory ruling authorizing E-rate funding for Wi-Fi on school buses (see 2312200040) “is both appropriate and lawful,” the National Education Association, the American Federation of Teachers and eight other educational groups said in a 5th U.S. Circuit Appeals Court amicus brief Monday (docket 23-60641) in support of the commission's ruling.
K-12 educational platform Securly “knowingly and willfully surveilled” student activity on their school-issued devices and collected their geolocation data without proper consent, alleged a privacy class action Wednesday (docket 0:24-cv-02159) in U.S. District Court for Minnesota in St. Paul.
NetChoice and Ohio Attorney General Dave Yost (R), having filed dueling motions for summary judgment May 3 in U.S. District Court for Southern Ohio over the state's social media parental notification law (see 2405060004), followed that up Monday with dueling responses in opposition (docket 2:24-cv-00047).
The FCC’s Oct. 25 declaratory ruling authorizing E-rate funding for Wi-Fi on school buses (see 2312200040) was simply the commission’s response to requests to add to the list of services eligible for support under the E-rate program, the FCC’s 5th U.S. Circuit Appeals Court appellee brief said Monday (docket 23-60641) in support of the ruling.
WebMD unlawfully installed a data collection process on its website, in collaboration with TikTok, to identify and trace visitors to the site, alleged a class action (docket 2:24-cv-04543) removed Friday from Los Angeles County Superior Court to U.S. District Court for Central California in Los Angeles.
Utah Attorney General Sean Reyes (R) sued TikTok Monday for its alleged “continued profiting" from deceptive design features that facilitate sexual exploitation, sex trafficking, distribution of pornography and other “illegal acts” through its “virtual currency system,” the complaint said. The suit alleges violations of Utah’s Consumer Sales Practices Act and was filed in 3rd Judicial District Court in Salt Lake County.
Utah Attorney General Sean Reyes (R) is seeking the dismissal of count VI of NetChoice’s 11-count complaint that argues Section 230 of the Communications Decency Act (see 2405060006) preempts the state’s Minor Protection in Social Media Act, a motion said Friday (docket 2:23-cv-00911) in U.S. District Court for Utah in Salt Lake City. Katherine Hass, director of Utah’s Division of Consumer Protection, joined Reyes in the motion.