Best Buy apparently “learned nothing” from the four-year-long class action in Jermyn v. Best Buy, in which consumers challenged its “price match guarantee” policy as “misleading, deceptive and unfair,” alleged Westchester County, New York, consumer Vincent Dima in a new fraud class action Thursday (docket 7:23-cv-02869) in U.S. District Court for Southern New York in White Plains. That’s because Best Buy still uses its price match guarantee “as a means of baiting and switching the consumer into purchasing products from its stores,” it said.

Apple can't evade the law "that imposing new anticompetitive agreements and enforcing such agreements are each overt acts,” said SaurikIT, owner of third-party app store Cydia, in a reply brief Monday (docket 22-16527) in the 9th U.S. Circuit Court of Appeals. SaurikIT alleged in 2020 Apple was violating antitrust law in the app distribution and payment processing markets. Its Cydia third-party app store is available only on jailbroken Apple iOS devices.

U.S. District Judge David Horan for Northern Texas in Dallas signed a memorandum opinion and order Tuesday (docket 3:22-cv-00052) granting in part and denying in part Telephone Consumer Protection Act plaintiff Steve Noviello’s motion for an award of extra damages arising from Telephone Consumer Protection Act violations. Horan limited Noviello's recovery to the $6,500 in damages a jury awarded him in a Feb. 28 verdict in his favor for 13 unlawful calls or texts made to a number listed on the federal do not call registry since 2016.

The appeal of Darrell Seybold, the former Charter Communications sales manager who alleges he was terminated for exposing Charter’s unlawful conduct, in violation of the whistleblower protections in the 2002 Sarbanes-Oxley (SOX) Act (see 2302200002), “is exactly the type of case for which SOX was intended,” said his opening brief Monday in the 5th U.S. Circuit Court of Appeals (docket 23-10104). U.S. District Judge Brantley Starr for Northern Texas in Dallas dismissed Seybold's claims in a January order for lack of specificity in his allegations.

Defendants in the social media censorship lawsuit Missouri v. Biden sought to “correct the record” on plaintiffs’ request for consolidation with the Missouri et al. v. Biden case against President Joe Biden and some 60 individuals and government agencies pending in the same court, said a Tuesday response (docket 3:22-cv-01213) in U.S. District Court of Western Louisiana in Monroe.

Meta, Snap, Google and TikTok could have avoided harming plaintiffs and their students, said a March 28 lawsuit (docket 23STCV06685) made publicly available this week in California Superior Court in Los Angeles by Baldwin, Montgomery, and Tuscaloosa County, Alabama, public schools and the state of Alabama .

Senior U.S. District Judge Sidney Fitzwater for Northern Texas in Dallas granted debt collector Mercantile Adjustment Bureau’s motion to dismiss Sage Telecom’s phone solicitation complaint for failure to state a claim on which relief may be granted, said his signed memorandum and order Tuesday (docket 3:22-cv-02737). Fitzwater did grant Sage leave to file a second amended complaint within 28 days.

The case that UPM brings against Digicel-Haiti “is about resale,” said UPM’s reply brief at the FCC’s Enforcement Bureau, dated Monday and posted Tuesday (docket 23-64). UPM bought Digicel-Haiti’s roam like you’re home (RLYH) service at the full retail price that Digicel-Haiti set for it, and then resold it to UPM’s own customers for access to Digicel-Haiti’s network in Haiti, it said.

If the U.S. Supreme Court opens online platforms to liability for algorithms through a narrow interpretation of Section 230, it could mean a less consumer-friendly internet and entrench dominant platforms further, tech experts said Tuesday.

The March 27 opinion from U.S. District Judge Manish Shah for Northern Illinois in Chicago in FTC v. Walmart (docket 1:22-cv-3372) supports the FTC’s opposition to Kochava’s motion to dismiss the agency’s privacy complaint for failure to state a claim, said the agency’s notice of supplemental authority Monday (docket 2:22-cv-00377) in U.S. District Court for Idaho. Shah denied in part Walmart’s motion to dismiss an FTC enforcement action.