Court Kicks Data Breach Claim Against Valve – Grigsby v. Valve
[Post by Venkat Balasubramani] Grigsby v. Valve Corp., No. C12-0553JLR (W.D. Wash. Nov. 14, 2012) Valve is facing a putative class action over a hacking incident involving a breach of Valve’s security system and access to the personal information of…
Court: Customer Consents to Receive Texts by Providing Phone Number to Pharmacy – Pinkard v. Wal-Mart Stores, Inc.
[Post by Venkat Balasubramani] Pinkard v. Wal-Mart Stores, Inc., 12-cv-02902 (N.D. Ala. Nov. 9, 2012) Text messaging lawsuits are out of control.* That said, a district judge granted a motion to dismiss brought by Wal-Mart in a text spam case…
Email That Says “Done .. thanks!” Doesn’t Transfer Copyrights – MVP Entertainment v. Frost
[Post by Venkat Balasubramani] MVP Entertainment, Inc. v. Frost, B235100 (Ca. Ct. App. Nov. 7, 2012) [pdf] We enjoy cases where people negotiate or modify contracts via email or other modern methods of communication. The underlying rules haven’t changed, and…
Data Breach Claim Survives Based on Allegation of Misuse of Personal Information — Burrows v. Purchasing Power
[Post by Venkat Balasubramani] Burrows v. Purchasing Power, LLC, 12-cv-22800-UU (S.D. Fla. Oct. 18, 2012) [pdf] This is another data breach lawsuit. Some of the claims survive defendants’ motion to dismiss. Purchasing Power runs a preferred purchasing (or discount purchasing)…
How Zappos’ User Agreement Failed In Court and Left Zappos Legally Naked (Forbes Cross-Post)
By Eric Goldman In re Zappos.com Inc., Customer Data Security Breach Litigation, 2012 WL 4466660 (D. Nev. Sept. 27, 2012). In January, Zappos (part of $AMZN) announced a massive data security breach affecting 24 million consumers. As typically happens in these…
Q3 2012 Quick Links, Part 5 (E-Commerce, Miscellaneous)
By Eric Goldman and Jake McGowan E-Commerce * Noll v. eBay, 2012 WL 1413442 (N.D. Cal. April 23, 2012). The Complaint. eBay’s “Good ‘Til Canceled” fees survive a legal challenge. * Porras v. StubHub: StubHub not liable for tickets that…
Does the Supreme Court Have a Free Policy Choice in Wiley v. Kirtsaeng? (Guest Blog Post)
By Guest Blogger Marketa Trimble Does the Supreme Court Have a Free Policy Choice in Wiley v. Kirtsaeng? (A Template for an Interpretation of the Copyright Act that Ignores the Place of Manufacture and Provides a Free Choice between the…
9th Circuit Zings Best Buy Over Robocalls – Chesbro v. Best Buy
[Post by Venkat Balasubramani, with a comment from Eric] Chesbro v. Best Buy Stores, L.P., No. 11-35784 (9th Cir. Oct. 17, 2012) [pdf] The Ninth Circuit has issued a few consumer-favorable rulings in the unsolicited text and phone call realm….
A Reward Offer Still An Offer, Even if It’s Made on YouTube – Augstein v. Ryan Leslie
[Post by Venkat Balasubramani, with comments from Eric] Augstein v. Leslie, 2012 WL 4928914 (S.D.N.Y. Oct. 17, 2012). As the post’s title implies, this case is about a reward offer that the plaintiff is trying to enforce. Ryan Leslie, a…
Sony Network Data Breach Class Action Suffers Setback — In re Sony Gaming Networks
[Post by Venkat Balasubramani] In re Sony Gaming Networks and Customer Data Security Breach Litigation, 2012 WL 4849054 (S.D. Cal.; Oct. 11, 2012) This is a class action arising out of a hack of Sony’s online gaming network. The hacks…