Social Media Ownership Disputes, Part I: the Satanic Temple of Washington Can’t Get Its Facebook Pages Back

Social Media Ownership Disputes, Part I: the Satanic Temple of Washington Can’t Get Its Facebook Pages Back

This is part 1 of a 2-part series covering social media ownership disputes. This dispute involves the online accounts of the Satanic Temple of Washington: two Facebook pages, one of which had 17,000 followers, a Twitter account, and a “google…

Data Breach Plaintiff Doesn't Have Standing in the Absence of Fraud or Identity Theft--Tsao v. Captiva

Data Breach Plaintiff Doesn’t Have Standing in the Absence of Fraud or Identity Theft–Tsao v. Captiva

This is a data breach lawsuit. Plaintiff was a patron of a restaurant (PDQ) that suffered a breach that compromised credit card payment information. The breach occurred because a hacker gained access to customer data through “an outside vendor’s remote…

Ninth Circuit Sends Alexa Surreptitious Recording Case to Arbitration--Tice v. Amazon

Ninth Circuit Sends Alexa Surreptitious Recording Case to Arbitration–Tice v. Amazon

Lawsuits over voice-activated assistants (and other smart home devices) are interesting. Plaintiffs have been creative about who asserts the claims to navigate around the issue that often sinks class actions: arbitration. This has resulted in claims brought by neighbors, spouses,…

CAN-SPAM Requires Falsity or Deception, But What Do Those Words Mean?--Rad v. US

CAN-SPAM Requires Falsity or Deception, But What Do Those Words Mean?–Rad v. US

This is an unusual federal appellate ruling interpreting CAN-SPAM because it came to the court from the Board of Immigration Appeals. Rad was tried and convicted of violating CAN-SPAM. The Third Circuit affirmed his conviction in 2014. Rad was a…

When Can Plaintiffs Serve Process Via Online Methods? ¯\_(ツ)_/¯

When Can Plaintiffs Serve Process Via Online Methods? ¯\_(ツ)_/¯

This post recaps three recent decisions dealing with service of process via alternative means (e.g., email or social media). The rulings arise in different contexts so they are useful illustrations of how courts deal with alternative service under different rules….

Continued Access to Service Not Sufficient to Bind User to New Terms of Service--Stover v. Experian

Continued Access to Service Not Sufficient to Bind User to New Terms of Service–Stover v. Experian

Stover signed up for an Experian subscription for credit monitoring in 2014. She alleged that Experian overstated the relevance of the credit report. She cancelled her subscription in 2014. In 2018, she accessed Experian’s website again, shortly before filing suit….

Politician Can Block Constituents at Twitter–If It’s a “Campaign” Account–Campbell v. Reisch

This is another case challenging an elected official’s blocking of a constituent’s Twitter account on First Amendment grounds. It’s a 2-1 Eighth Circuit ruling that appears to distance itself from the approach of the Second and Fourth Circuits. As Eric…

Court Rejects Parler’s Demand That Amazon Host Its Services

Court Rejects Parler’s Demand That Amazon Host Its Services

Parler, a self-described “conservative microblogging alternative and [competitor] to Twitter,” sued Amazon Web Services for suspending its service. Parler claimed (1) antitrust violations, (2) breach of contract, and (3) tortious interference. Parler sought a temporary restraining order (which the court…

Another Court Says Embedding Instagram Photos May Be Fair Use--Boesen v. United Sports

Another Court Says Embedding Instagram Photos May Be Fair Use–Boesen v. United Sports

This is another Instagram embed case. For my most recent post on that topic, see this post. Plaintiff Boesen is a professional photographer. He captured an image of professional tennis player Caroline Wozniacki near the beginning of her career. Ms….

Court Sends Wyze Labs Privacy Suit to Arbitration

Court Sends Wyze Labs Privacy Suit to Arbitration

Wyze provides home security monitoring and cameras. (They have a range of “smart home” products.) Plaintiffs sued Wyze on behalf of a putative class alleging that Wyze failed to safeguard their personal information. Wyze moved to compel arbitration. The court…