There’s “no merit” to plaintiff Greg Bostard’s allegations that he spent decades as a Comcast utility pole worker and was regularly in close proximity to Verizon’s lead-sheathed cables, said Verizon’s memorandum of law Monday (docket 1:23-cv-08564) in U.S. District Court for New Jersey in Camden in support of its motion to dismiss Bostard’s Aug. 23 complaint (see 2308240005).

After the U.S. Supreme Court’s 2021 opinion in Facebook v. Duguid, a “plethora” of courts have attempted to interpret the definition of an automatic telephone dialing system under the Telephone Consumer Protection Act (TCPA) in the “context” of Facebook’s holding, said appellant Lucine Trim’s cert petition. The petition, filed Nov. 6 and docketed Nov. 9 as case number 23-495, according to a clerk’s notice posted Monday, seeks to set aside the 9th Circuit’s affirmation of the district court’s dismissal of her TCPA complaint against Reward Zone (see 2308090027).

Communications Litigation Today is tracking the below lawsuits involving appeals of FCC actions. Cases marked with an * were terminated since the last update. Cases in bold are new since the last update.

Skidmore College discovered a data breach on Feb. 17 and only began notifying affected individuals Sept. 15, alleged plaintiff Mary Cogan in a class action Thusrday (docket 1:23cv1409) in U.S. District for Northern New York in Syracuse.

U.S. District Judge William Orrick for Northern California in San Francisco granted SiriusXM’s motion to compel the fraud claims of class-action plaintiffs Ayana Stevenson, David Ambrose and Lisa Ramirez to arbitration (see 2309050054), said his signed order Thursday (docket 3:23-cv-02367). The judge granted the plaintiffs’ request to dismiss the case without prejudice so that they may immediately appeal.

Charter Communications continues to ignore the “actual text” of the “saving clause” in the 2005 Texas Cable Act and asks the 5th U.S. Circuit Appeals Court to interpret that provision in a manner that makes the saving clause “a nullity,” said Prewitt Management’s reply brief Thursday (docket 23-50419).

Amazon filed nearly identically worded lawsuits in three federal courts Thursday seeking to halt separate sets of alleged fraudsters from running the “impersonation” scams that dupe consumers into buying fake Amazon support services for activating Prime Video on their devices.

The Children’s Online Privacy Protection Act (COPPA) claims in California et al. vs. Meta, brought in U.S. District Court for Northern California in Oakland last month by 33 attorneys general (see 2310250066), are “self-defeating,” said attorney Cathy Gellis on a Chamber of Progress webinar Thursday examining social media addiction lawsuits pending before state and federal courts.

A defect in Intel central processing units (CPUs) can only be “fixed” by adopting a patch that slows CPU performance by as much as half, said a fraud complaint (docket 4:23-cv-05761) Wednesday in U.S. District Court for Northern California in Oakland.

An insurance company “downplayed” the nature of Progress Software Corp.’s (PSC) May 29-30 MOVEit software data breach “and the threat it posed to victims" whose personally identifiable information (PII) was “illicitly accessed and stolen,” said a September fraud class action (docket 1:23-cv-09868) removed Wednesday from New York County Supreme Court to the U.S. District Court for Southern New York in Manhattan.