Lower courts are in a “real muddle” over the Federal Arbitration Act's reach, said Amazon's U.S. Supreme Court cert petition Thursday. The petition asked SCOTUS to reverse the 9th U.S. Circuit Court of Appeals Sept. 1 affirmance of the district court's December 2021 denial of Amazon's motion to compel arbitration in a case involving delivery drivers in the Amazon Flex program.
Spotlighting their bipartisan effort to challenge a common Meta foe as the alleged culprit in the youth mental health crisis, attorneys general from six states used a virtual news conference Tuesday to announce the filing of a 33-state lawsuit (docket 4:23-cv-05448) against the Instagram and Facebook parent in U.S. District Court for Northern California in Oakland.
Though MGM Resorts International was “well aware” that the personally identifiable information (PII) it collects is “highly sensitive and of significant value” to bad actors, it informed its customers Oct. 5 of a “large scale cyberattack” across its properties, said a Friday class action (docket 2:23-cv-01719) in U.S. District Court for Nevada in Las Vegas. During the data breach, which occurred Sept. 11, cybercriminals shut down MGM's ATMs and slot machines, its website and online booking systems, the complaint said.
A massive May 28 data breach and subsequent attacks on Progress Software Corp.’s (PSC) MOVEit file transfer software affected 2,546 organizations as of Oct. 11, alleges a negligence class action (docket 1:23-cv-12450) in U.S. District Court for Massachusetts in Boston. The breach affected the records of about 64.5 million individuals, said the complaint, citing anti-malware company Emsisoft.
Educational services company Chegg tracked plaintiff Michael Foulkes’ video viewing history while he was on its website and then shared it with Facebook, said a Thursday class action (docket 1:23-cv-23993) in U.S. District Court for Southern Florida in Miami.
The FTC “seeks to establish an entirely new theory of legal liability based on misleading and subjective characterizations of unremarkable marketing techniques,” said the FTC’s Wednesday motion to dismiss (docket 2:23-cv-00932) the commission’s amended complaint in U.S. District Court for Western Washington in Seattle. Under basic principles of due process, any modification of the law must occur through legislation or regulation, “and not through enforcement actions seeking to impose massive and retroactive civil liability,” it said.
Network Insurance Senior Health Division (NISHD) engaged in “improper and deceptive telemarketing practices by placing improper and unwanted telemarketing calls,” alleges a Telephone Consumer Protection Act (TCPA) complaint (4:23-cv-03988 ) in U.S. District Court for Southern Texas in Houston. The suit also names Peerless Network, Onvoy, Bandwidth and Berken Media as defendants.
MOVEit file transfer software owner Progress Software Corp. (PSC) inadequately safeguarded class members' private information it maintained and failed to provide timely and adequate notice of its May data breach to plaintiffs and class members, alleged a September class action (docket 6:23-cv-01532) PSC removed Wednesday to U.S. District Court for Oregon in Eugene. The negligence case was filed Sept. 13 in Oregon’s Marion County Circuit Court against PSC and Oregon’s Department of Transportation (ODOT).
The motion of GoTo Technologies and LastPass to dismiss the fraud complaint arising from a 2022 data breach should be denied in its entirety, said the plaintiffs’ response in opposition Wednesday (docket 1:22-cv-12047) in U.S. District Court for Massachusetts in Boston.
Zoom fails to cancel the subscription plans of customers who cancel their paid monthly accounts, said a Tuesday class action (docket 5:23-mc-80271) in U.S. District Court for Northern California in San Jose.