Amazon for years “has knowingly duped” millions of consumers into “unknowingly enrolling” in Amazon Prime, in violation of the FTC Act and the Restore Online Shoppers’ Confidence Act (ROSCA), alleged the FTC in a partially redacted fraud complaint Wednesday (docket 2:23-cv-00932) in U.S. District Court for Western Washington in Seattle.

Communications Litigation Today is tracking the following lawsuits involving appeals of FCC actions:

Plaintiffs' claims against Old Dominion Freight Line should be dismissed for unripe claims, failure to state claims under the Illinois Biometric Information Privacy Act (BIPA) and failure to state a claim for lack of subject-matter jurisdiction in their class action against the company, said defendants' Friday motion (docket 1:23-cv-02187) in U.S. District Court for Central Illinois in Peoria. Old Dominion moved the court to either dismiss plaintiffs’ second amended putative class action complaint or to strike their class allegations.

Pentagon Federal Credit Union, Verisk Analytics and Lead Intelligence record visitors’ electronic communications activities on PenFed’s website without their consent, said a Friday class action (docket 2:23-cv-04785) in U.S. District Court for Central California in Los Angeles.

Verizon is moving for summary judgment against Southwick, Massachusetts, and six members of its planning board on count I of the carrier's March 2021 complaint, said its motion Friday (docket 3:21-cv-10414) in U.S. District Court for Massachusetts in Springfield. Verizon alleged the town’s denial of its application for a special permit and site plan approval for a wireless communications facility violated the Telecommunications Act.

The FTC seeks a protective order to prevent disclosure of the discovery taken in the commission’s investigation of Microsoft’s proposed Activision Blizzard buy and its administrative proceedings involving the transaction because the discovery contains confidential commercial information from Microsoft, Activision and third parties, said the agency’s motion Saturday (docket 3:23-cv-02880) in U.S. District Court for Northern California in San Francisco. Microsoft and Activision, in a joint response Monday, said they oppose the motion because the FTC refuses to allow their in-house counsel access to confidential trial exhibits.

An attempt by subsidiaries of two Chinese companies to raise deference questions in a recent filing at the U.S. Court of Appeals for the D.C. Circuit (docket 23-1032) on FCC equipment authorization rules may not work, legal experts said. Dahua USA and Hikvision USA raised deference issues as part of their arguments on why equipment they make and sell in the U.S. doesn’t belong on the FCC’s list of “covered equipment” deemed to pose a threat to U.S. security.

Plaintiffs Donald Owens and Aida Albino Wimbush and members of their proposed class suffered “ascertainable losses” from Onix Group’s failure to secure and safeguard the private information of 319,500 patients in a recent data breach and ransomware attack, alleged their class action Thursday (docket 2:23-cv-02301) in U.S. District Court for Eastern Pennsylvania in Philadelphia. Onix’s negligence cost the plaintiffs and class members out-of-pocket expenses and lost time trying to remedy or mitigate the effects of the attack, including the “imminent risk of future harm caused by the compromise of their sensitive personal information,” it said.

U.S. District Judge Manish Shah’s May 31 ruling denying Match Group’s motion to dismiss erred by “deciding the issue of small claims court jurisdiction instead of leaving it for the small claims court to decide” and ruling that small claims courts lack jurisdiction over plaintiff’s claims, said Match’s motion to reconsider (docket 1:22-cv-06924) the ruling Thursday and dismiss the case in U.S. District Court for Northern Illinois in Chicago.

The censorship harms that three Twitter user appellants allege against Health and Human Services officials in Changizi v. HHS (docket 22-3573) aren’t “redressable” through the “very broadly worded injunction” they seek to thwart the officials from pressuring Twitter to ramp up its misinformation enforcement, DOJ attorney Daniel Winik told a 6th U.S. Circuit Court of Appeals panel in oral argument Thursday (see 2306150049).