Bank ACH Fraud Victims Get Mixed Rulings — Experi-Metal v. Comerica Bank & Patco Constr. v. People’s United Bank
…of the Uniform Commercial Code allows the bank to get off the hook for unauthorized wire transfer orders if (1) the bank and customer agree to a security procedure for…
NebuAd Deep Packet Inspection Lawsuits Sputter — Deering v. CenturyTel & Green v. Cable One
…while they are surfing the web. This delivery of advertisements may be facilitated by the serving of ad tags outside the publisher’s existing HTML code. These advertisements will be based…
Ripoff Report Gets Another Big 47 USC 230 Win–Asia Economic Institute v. Xcentric
…for Section 230, the immunity wipes out a long list of claims: (3) unfair business practices under Cal. Bus. & Prof. Code § 17200 et seq.;(4) defamation; (5) defamation per…
Online Insurance Application Constitutes “Writing” for Purposes of Waiving Insurance Coverage for Medical Benefits–Barwick v. GEICO
…of Arkansas Code Annotated Section 23-89-203 (Repl. 2004). The husband argued that because a general statute does not apply when a specific one governs the subject matter, the insurance statute…
Thoughts on the Lawsuit Over the @OMGFacts Twitter Account — Deck v. Spartz, Inc.
…a clearer and less one-sided agreement–to the extent she even took the agreement seriously. Deck also asks for recission of the contract, citing to a California Code section 6710 which…
Facebook Scores Initial Win Against Privacy Plaintiffs Over Data Leakage Claims — In re Facebook Privacy Litigation
…argument that personal information “constitutes currency” as not being supported by any case law. The unfair competition law claims are dismissed with prejudice. California Penal Code sec. 502: Plaintiffs brought…
Flash Cookies Lawsuit Tossed for Lack of Harm–La Court v. Specific Media
…prompted the footnote). * the judge wonders if the ECPA preempts the CA Penal Code 631 claim * the judge is skeptical of the common law trespass to chattels claim…
Judge Recognizes Loss of Value to PII as Basis of Standing for Data Breach Plaintiff — Claridge v. RockYou
…for the personal-data-as-property meme. One small piece of good news from this opinion: the court interprets California Penal Code Sec. 502 narrowly and effectively prevents the plaintiffs from converting it…
Intelius Dodges a Bullet Over Allegedly Deceptive Online Marketing Practices — Hook v. Intelius
…regenerated archived code from [the date in question]. Plaintiff argued that Intelius’s evidence could be self-serving and that Intelius representatives could have concocted a scheme to conduct a fraud on…
Ninth Circuit Upholds Anti-SLAPP Ruling for Blogger/Griper–Sedgwick v. Delsman
…meet its burden of establishing a probability of prevailing on its claims. See Cal. Civ. Proc. Code § 425.16; Ruiz v. Harbor View Cmty. Ass’n, 37 Cal. Rptr. 3d 133,…