Court Enforces Arbitration Clause in Amazon's Terms of Service--Fagerstrom v. Amazon

Court Enforces Arbitration Clause in Amazon’s Terms of Service–Fagerstrom v. Amazon

This lawsuit alleges that Amazon overstated the extent of discounts it offered customers (in stating the extent of the discount customer achieved when shopping at Amazon versus competing retailers). Amazon moved to compel arbitration, and the court grants the motion….

Woman That Rapper 2 Chainz Called a "THOT" In Viral Video Loses Lawsuit--Chisholm v. Epps

Woman That Rapper 2 Chainz Called a “THOT” In Viral Video Loses Lawsuit–Chisholm v. Epps

Tauheed Epps is a rapper known as “2 Chainz”. While backstage at one of his concerts, he allegedly filmed plaintiff while walking around backstage with his entourage, and repeatedly called her a “THOT” (which stands for “That Hoe Over There”)….

When Does A Parody Twitter Account Constitute Criminal Identity Theft?--Sims v. Monaghan

When Does A Parody Twitter Account Constitute Criminal Identity Theft?–Sims v. Monaghan

Plaintiff, while he was in custody, created a fake Twitter account in the name of “Frank Zamiara” with the user name “LitlZeezy”. The account “was meant to act as the voice and alter ego of [an] abusive deputy.” It was…

TCPA Claim Against Non-Sender Fails

TCPA Claim Against Non-Sender Fails

Plaintiffs sued American Eagle Outfitters and Experian, alleging claims under the TCPA for unwanted text messages. American Eagle is the retailer, and Experian provides marketing services. But neither of these entities actually pressed the “send” button. We’ve seen disputes over…

Third Circuit Revives TCPA Case Against Yahoo

Third Circuit Revives TCPA Case Against Yahoo

A Yahoo user alleged that he purchased a phone that came with a preassigned telephone number. The previous subscriber of this number apparently set his account so emails sent to his Yahoo account triggered a text message to this phone…

Court Rejects TCPA Claim on the Basis of Implied Consent

Court Rejects TCPA Claim on the Basis of Implied Consent

Plaintiff sued on behalf of a putative class, alleging that he received marketing messages from Five Stars Loyalty that violated his rights under the TCPA. Plaintiff had lunch at a Flame Broiler restaurant and asked the cashier about the Five…

Disney Not Liable For Disclosing Device IDs And Viewing Habits

Disney Not Liable For Disclosing Device IDs And Viewing Habits

This is another VPPA case grappling with the question of how the statute defines “personally identifiable information.” A recent key VPPA ruling addressed the issue of whether someone who downloads an app is a “subscriber” (answer: no), but the PII…

Facebook Beats Privacy Lawsuit Alleging Persistent Tracking

Facebook Beats Privacy Lawsuit Alleging Persistent Tracking

This is a lawsuit against Facebook alleging that it tracked people visiting websites throughout the web even if they were not logged on to Facebook. As the court describes the allegations, Facebook uses a persistent cookie that tracks a person’s…

Anti-Employer Chatter On Facebook Protected By NLRA--Triple Play v. NLRB

Anti-Employer Chatter On Facebook Protected By NLRA–Triple Play v. NLRB

We previously blogged about this case, which involved employees who were discharged by Triple Play Sports Bar and Grille (the employer) for their Facebook activity: “NLRB Invalidates Employer’s Blogging Policy And Reverses Firing Based On Facebook Posts“. On appeal, the…

Commenting on Viral Video Is Fair Use--Equals Three v. Jukin Media

Commenting on Viral Video Is Fair Use–Equals Three v. Jukin Media

This is a copyright lawsuit over viral videos. Jukin Video apparently finds and acquires the rights to viral videos. It reached 1 million subscribers on YouTube and has over 17,000 videos available for licensing. Equals Three produces short humor programs…