Dish Network and Sling TV filed a pair of Digital Millennium Copyright Act (DMCA) complaints Friday, alleging violations of the anti-trafficking provision of the law, plus the Electronic Communications Privacy Act (ECPA).
GameStop misleads consumers by marketing videogames as new even though their original packaging was opened, an April 19 fraud class action alleged (docket 3:24-cv-01417). The class action was removed Friday to U.S. District Court for Southern Illinois from St. Clair County Circuit Court. Plaintiff Christopher Odle, of St. Clair County, Illinois, shopped for videogames at St. Clair County GameStop locations on Sept. 9, 2021, and Dec. 13, 2022, to buy games for an Xbox One and Nintendo Switch, both CD- or DVD-style discs, the complaint said. Odle purchased new videogames, the complaint said, but the game packages he chose didn’t contain a disc with the game software, it alleged. Odle told a sales associate that he wanted new versions of the games. The associate told Odle that the games “were represented as new,” the complaint said. The games cost $50-$60, “generally the accepted price for a ‘new’ version" of the games he selected, it said. It is "well-known" in the videogame industry and resale market that a game sealed in original packaging is worth more than an one that was opened, the complaint said. GameStop is aware of this and prices new games higher than pre-owned versions, the class action alleged. However, GameStop limits or prohibits putting unopened videogames on the sales floor due to theft concerns, so discs are kept behind the sales counter, the class action said. As a result, “almost every 'new’ game that GameStop sells has actually been opened,” the complaint said. “GameStop effectuates this policy despite the fact that GameStop's return policy draws a distinction between opened and unopened games,” and the retailer is “aware that unopened games in the original manufacturers sealed packaging are worth more in the video game market than opened games,” it said. “Despite this knowledge, GameStop charges its customers a premium price for games that GameStop itself has opened,” and it “markets these games as new,” it said. Customers who buy games sold as new, when those games have been opened, are buying “a product that is not worth the premium price they are paying for it, comes with less return options and is worth less on the resale market,” the complaint said. Odle asserts violations of the Illinois Uniform Deceptive Trade Practices and Consumer Fraud and Deceptive Business Practices acts. He seeks for himself and the class actual and punitive damages, an injunction against further violations, plus attorneys’ fees and costs. GameStop didn't comment Monday.
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.
WebMD unlawfully installed a data collection process on its website, in collaboration with TikTok, to identify and trace visitors to the site, alleged a class action (docket 2:24-cv-04543) removed Friday from Los Angeles County Superior Court to U.S. District Court for Central California in Los Angeles.
U.S. District Judge Steven McAuliffe for New Hampshire designated U.S. Magistrate Judge Talesha Saint-Marc to consider the League of Women Voters’ request for a preliminary injunction to block three defendants from repeating their illegal AI-generated robocalls before the November election (see 2404290016), said McAuliffe’s text-only order Wednesday (docket 1:24-cv-00073). McAuliffe authorized Saint-Marc to conduct a hearing on the request, if necessary, and to file her proposed findings and recommendations with the court, said the order. The league alleges that defendants Steve Kramer, broadband provider Lingo Telecom and robocall broadcaster Life Corp. sent thousands of robocalls two days before the Jan. 23 New Hampshire primary to people they thought were likely Democratic voters, featuring deepfake simulations of President Joe Biden's voice (see 2403150034). The injunction would also bar the defendants from distributing spoofed phone calls, text messages or any other form of spoofed communication. It would also block them from distributing phone calls, text messages or other mass communications that don’t comply with all applicable state and federal laws “or that are made for an unlawful purpose.” Lingo and Life oppose the injunction and have attempted to pin the blame for January’s robocalls on Kramer, a political operative who hasn’t yet answered the original complaint or the motion for injunctive relief.
A real estate development firm seeks nearly $448,000 in damages as a result of Hixxa Communications’ breach of contract, alleged its complaint Friday (docket 5:24-cv-00702) in U.S. District Court for Western Louisiana in Shreveport. Ryan Companies, as general contractor, and Hixxa, as subcontractor, entered into a contract in November 2021 in connection with the construction of a new Amazon fulfillment center in Shreveport, said the complaint. Under the subcontract, Hixxa was obligated to design, furnish and install an emergency responder radio system (ERRS) in the Amazon facility in accordance with the applicable project specification, it said. Hixxa was obligated to begin and complete its work as required by the project schedule, said the complaint. Hixxa was further obligated “to take necessary action to accelerate its work should it delay the progress of its work,” it said. It was obligated to do so without additional compensation and is liable under the subcontract “for any direct damages resulting from any such delay,” it said. In the event that Hixxa failed to cure any default within three working days after Ryan issued a notice of that default, Ryan was authorized under the agreement to terminate the subcontract, finish Hixxa’s work either through its own employees or another subcontractor and charge the entire cost to Hixxa, “together with all damages suffered because of Hixxa’s delayed performance,” it said. Though Hixxa completed some of its obligations, “it failed to fully complete its scope of work,” it said. The plaintiff made numerous attempts to compel Hixxa’s performance, said the complaint. In a September email, the defendant represented to Ryan that it was in the process of acquiring the remaining materials needed to finish the job, and would be back to finish the project once those materials were procured, it said. But Hixxa didn’t return to complete its work as promised, it said. The defendant notified Ryan in a Nov. 15 email that it was unable to complete the ERRS project, and the plaintiff responded April 8 with formal written notice that it had terminated the subcontract, it said: “As a result of Hixxa’s failure to perform, Ryan was forced to engage a second subcontractor to furnish and install the ERRS.” Not only did the cost of the work exceed the original subcontract price, “much of the work that was performed by Hixxa must be replaced or modified in order to accommodate/facilitate the work to be performed by the new subcontractor,” said the complaint. In addition to the damages, Ryan further seeks attorneys’ fees and court costs, “which are recoverable pursuant to the parties’ contract should Ryan prevail against Hixxa,” it said.
Cornerstone Auto Protection promotes sales of its vehicle warranty plans by relying on third-party telemarketing vendors like Call Handles to generate leads, alleged Mark Ortega’s Telephone Consumer Protection Act class action Monday (docket 5:24-cv-00573) in U.S. District Court for Western Texas in San Antonio. Cornerstone and Call Handles routinely violate the TCPA by making telemarketing calls to consumers without their consent, including calls to phone numbers listed on the national do not call registry, alleged the Texas resident’s complaint. Texas law, under Section 302.101 of the Texas Business & Commerce Code, also prohibits sellers from engaging in phone solicitations from a location in Texas or to a purchaser located in Texas unless the seller obtains a registration certificate from the Texas secretary of state, which the defendants didn’t do, it said. Cornerstone hired Call Handles to originate new business using telemarketing calls, said the complaint. The defendant accepted the benefits of Call Handles’ illegal telemarketing “by taking live transfers of leads directly from Call Handles,” it said. Cornerstone “failed to take effective steps within its power” to force Call Handles to cease calling consumers whose numbers were listed on the DNC registry, it said.
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.
Beyonce, Jay-Z and 13 other defendants infringed the copyrighted works of Tessa Avie, Keva Bourgeois, Henri Braggs and Brian Clark, collectively known at one time as Da Showstoppaz, a complaint alleged Wednesday (docket 2:24-cv-01334) in U.S. District Court for Eastern Louisiana in New Orleans.
Plaintiffs James and Mildred Kinchen support plaintiff Alex Petroski’s motion (see 2405030065) for transfer and centralization of related actions in In re: AT&T Inc. Customer Data Security Breach Litigation (docket 3114), but they oppose transfer to the U.S District Court for Northern Texas, said their interested party response (docket 3:24-cv-02451) Tuesday before the Judicial Panel on Multidistrict Litigation.