Hertz Faces Negligence Suit For Employee's Facebook Bashing of a Customer--Howard v. Hertz

Hertz Faces Negligence Suit For Employee’s Facebook Bashing of a Customer–Howard v. Hertz

Maurice Howard is a Hertz customer who alleged that a Hertz employee (Shawn Akina) posted the following comment about Howard on Facebook: I seen Maurice’s bougie ass walking kahului beach road . . . n*** please! A number of Akina’s…

Android ID Isn't Personally Identifiable Information Under the Video Privacy Protection Act

Android ID Isn’t Personally Identifiable Information Under the Video Privacy Protection Act

This is another Video Privacy Protection Act lawsuit. The Cartoon Network has an app on the Android platform. Plaintiff (not a minor) downloaded the app. He complains that The Cartoon Network’s disclosure of his viewing history to a third party…

Court Rejects Argument That ECPA Does not Apply to Spousal Interception of Email--LaRocca v. LaRocca

Court Rejects Argument That ECPA Does not Apply to Spousal Interception of Email–LaRocca v. LaRocca

Eloisa LaRocca alleged that her former husband installed spyware on her computer and intercepted emails she sent. The ex-husband moved for summary judgment on the basis that ECPA did not apply to spousal interceptions of electronic communications. The ex-husband also…

When Does Online Criticism Become "Stalking"?--Ellis v. Chan

When Does Online Criticism Become “Stalking”?–Ellis v. Chan

This is an online harassment dispute. Ellis, the plaintiff/petitioner, is the author of a poem called “The Dash”. She has achieved some degree of public figure status through the poem’s notoriety. The poem is about a person who speaks at…

Shopkick Unable to Shake Text Spam Complaint -- Huricks v. Shopkick

Shopkick Unable to Shake Text Spam Complaint — Huricks v. Shopkick

Shopkick is a rewards-based app that shoppers use on their phone while they are in-store shopping. I’m not precisely sure how it works (you get points for trying on items or walking in certain parts of the store?) but it…

Lawsuit Against Adware Vendor Fails--Halperin v. Text Enhance

Lawsuit Against Adware Vendor Fails–Halperin v. Text Enhance

Text Enhance, a program developed by Affluent Ads, scans web page text for certain keywords. When the user mouses over any of those keywords, the adware serves up a pop-up ad on the user’s computer. Halperin ended up with Text…

Washington State Supreme Court Hears an Interesting Privacy Case: Dillon v. Seattle Deposition Reporters

Washington State Supreme Court Hears an Interesting Privacy Case: Dillon v. Seattle Deposition Reporters

This is a super interesting case that’s working its way through the courts in Washington. In a nutshell, T-Mobile was a defendant in a breach of contract lawsuit brought by NetLogix in the Western District of Washington. T-Mobile was represented…

NLRB Invalidates Employer's Blogging Policy And Reverses Firing Based On Facebook Posts

NLRB Invalidates Employer’s Blogging Policy And Reverses Firing Based On Facebook Posts

This is another NLRB Facebook firing case. The employer is a bar and restaurant whose employees were chatting on Facebook about owing amounts in taxes allegedly as a result of paperwork mishaps on the employer’s part. LaFrance, a former employee…

9th Circuit Creates Problematic "Failure To Warn" Exception to Section 230 Immunity--Doe 14 v. Internet Brands

9th Circuit Creates Problematic “Failure To Warn” Exception to Section 230 Immunity–Doe 14 v. Internet Brands

Doe sued Internet Brands, Inc., the owner of Model Mayhem, alleging that two unrelated individuals drugged and assaulted her (and recorded her for a pornographic video). It’s unclear precisely how the assailants used Model Mayhem, but the court merely says…

Employer Isn't Liable When Former Employee Linked His Apple Accounts To Its Devices--Sunbelt v. Victor

Employer Isn’t Liable When Former Employee Linked His Apple Accounts To Its Devices–Sunbelt v. Victor

Victor worked at Sunbelt as a sales rep but left to join a competitor. His former employer is suing him for trade secret misappropriation. Victor asserted privacy-based counterclaims. Sunbelt assigned him an iPhone and an iPad. He created an Apple…