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.

Plaintiff Marcelo Muto “willingly and proactively” signed up for J.Crew’s email list when he enrolled in its Passport rewards program, said the apparel company’s memorandum Thursday (docket 1:23-cv-07429) in U.S. District Court for Southern New York in Manhattan in support of its motion to dismiss Muto’s Aug. 22 California Invasion of Privacy Act (CIPA) class action (see 2308230005). Muto alleges J.Crew uses the services of Bluecore, its third-party email vendor, to enable wiretapping of the electronic communications of visitors to its website.

The 5th U.S. Circuit Court of Appeals should affirm the district court’s “sound, thorough, and well-reasoned” declaratory judgment absolving Charter Communications of any further monetary obligations under a 1964 revenue-sharing cable-permit agreement signed by the predecessor companies of Charter and Prewitt Management, said Charter’s responding appellee brief Thursday (docket 23-50419).

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.

The FTC disagrees with the Oct. 13 assertions of Microsoft and Activision Blizzard that the recent U.K. Competition and Markets Authority (CMA) decision granting final approval of Microsoft’s $69 billion Activision buy and the subsequent consummation of that transaction provides a basis for the 9th U.S. Circuit Appeals Court’s “affirmance” of the merger, FTC counsel Imad Abyad wrote the 9th Circuit clerk in a rebuttal letter Wednesday (docket 23-15992). "Contrary to" those Oct. 13 assertions, recent developments that Microsoft and Activision cited in their favor as resolving all of the FTC's U.S. competition concerns do nothing of the sort, said Abyad.

TaxAct’s arbitration agreement isn’t valid, said plaintiff Matthew Hartz in a memorandum of law opposing (docket 1:23-cv-04591) TaxAct’s motion to compel arbitration of a fraud complaint in U.S. District Court for Eastern Illinois in Chicago. Hartz’s July complaint alleges TaxAct violated congressional and IRS safeguards against the sharing of private tax return information with third parties when it transmitted his personally identifiable information (PII) to Facebook and Google.

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.

Dow Jones and National Geographic Partners knowingly disclosed to Facebook information that identifies plaintiffs and class members, said two Video Privacy Protection Act (VPPA) class actions filed Tuesday by law firms of Jibrael Hindi, Hiraldo and Eisenband Law in U.S. District Court for Middle Florida in Tampa.

The seven residents of Belmar, New Jersey, who previously asked to intervene in Verizon’s complaint to force Monmouth County’s approval of an application to install nine small wireless facilities (SWFs) in the public rights of way (ROW) (see 2309280027) now seek dismissal of Verizon’s complaint, said their motion Tuesday (docket 3:23-cv-18091) in U.S. District Court for New Jersey in Trenton.