Confirmatory Opt-Out Text Message Doesn’t Violate TCPA – Ibey v. Taco Bell

[Post by Venkat Balasubramani] Ibey v. Taco Bell Corp., 12 CV 0583 (HVG) (S.D. Cal.; June 18, 2012) Plaintiff responded to an invitation to complete a survey about Taco Bell and “voluntarily sent a text message . . . to…

The “I Didn’t Understand Facebook’s Privacy Settings” Argument Isn’t Persuasive to Judges–Sumien v. CareFlite

By Eric Goldman Sumien v. CareFlite, 2012 WL 2579525 (Tex. App. Ct. July 5, 2012). Appellate court docket. Sumien and Roberts were CareFlite EMTs. Roberts posted on a third employee’s Facebook wall how she wanted to slap a patient. Responding…

New Jersey Appeals Court Reverses Anti-Harassment Order Based on Emails – E.L. v. R.L.M

[Post by Venkat Balasubramani] E.L. v. R.L.M, 2012 N.J. SUPER. UNPUB. LEXIS 1199 (N.J. Ct. App.; May 30, 2012) E.L. and R.L.M. divorced, but they had children together. E.L. had custody of the children but R.L.M. had liberal visitation. Prior…

Will the Floodgates Open Up for Americans with Disabilities Act (ADA) Claims Against Websites?–National Association of the Deaf v. Netflix

By Eric Goldman National Association of the Deaf v. Netflix, Inc., 3:11-cv-30168-MAP (D. Mass. June 19, 2012) This is a bad ruling. Really terrible. It’s the kind of results-oriented judicial activism that undermines the public’s trust in the judiciary. The…

Mortuary Student Can Be Disciplined for Facebook Posts–Tatro v. University of Minnesota

By Eric Goldman Tatro v. University of Minnesota, 2012 WL 2328002 (Minn. June 20, 2012). My prior blog post on the appellate court ruling in this case. This is one of the many lawsuits over a school disciplining a student…

Another Failed Effort to Remove a Ripoff Report Posting–Karnaby v. Mckenzie

By Eric Goldman Karnaby v. Mckenzie, 2012 WL 2149457 (Conn. Super. Ct. May 10, 2012) Fadi Sabastian Karnaby sued Mckenzie, a pseudonym, for allegedly false postings to Ripoff Report and other sites. The Ripoff Report posting in question. For reasons…

Backpage Gets TRO Against Washington Law Attempting to Bypass Section 230–Backpage v. McKenna

By Eric Goldman Backpage.com, LLC v. McKenna, 2:12-cv-00954-RSM (W.D. Wash. June 5, 2012). The complaint. Backpage’s TRO motion. As part of states’ ongoing crusade against online prostitution ads, earlier this year Washington enacted SB 6251, captioned “Regulating advertising of commercial…

Satirical Anti-Birther Blog Post Protected by DC’s Anti-SLAPP Law–Farah v. Esquire

By Eric Goldman Farah v. Esquire Magazine, Inc., 2012 WL 1970897 (D.D.C. June 4, 2012). TPM coverage. Joseph Farah is CEO/editor of WorldNetDaily, and Jerome Corsi is a senior staff reporter there. WorldNetDaily has published hundreds of stories on Birther…

PissedConsumer Denied Section 230 Immunity and Can’t Shake Extortion Claim—Vo v. Opinion Corp.

By Eric Goldman Vo Group v. Opinion Corp., 8758/11 (N.Y. Sup. Ct. May 22, 2012) PissedConsumer is a consumer review site occupying the same market niche as Ripoff Report. It only wants negative consumer reviews of businesses (as signaled by…

Illinois Supreme Court Says Woman Deceived by Fake Online Relationship Can’t Sue for Misrepresentation -– Bonhomme v. St. James

[Post by Venkat Balasubramani] Bohomme v. St. James, 2012 IL 112393 (May 24, 2012) Most people take for granted that people aren’t 100% truthful when interacting online. On one end of the spectrum, people make misstatements that are widely acknowledged…