OnlyFans Defeats “Chatter Scam” Claim–N.Z. v. Fenix
The court summarizes the plaintiffs’ “chatter scam” contentions: Plaintiffs allege that Fenix Defendants, in cooperation with the Agency Defendants, operate a fraudulent scheme whereby Fenix Defendants charge OnlyFans subscribers to communicate directly with creators, purport to connect subscribers with creators,…
Court Authorizes Unmasking Subpoena in Copyright Case–In re DMCA Subpoena to GoDaddy
The copyright owner Tamaris claims that 100+ websites, including “casinoestelar.com” and “powerbet.win,” infringe their copyrights. The copyright owner obtained a 512(h) unmasking subpoena and served it on GoDaddy. GoDaddy notified the site operator, who asked the court to quash the…
Third Circuit Rejects a Meta Pixels Case–Cole v. Quest Diagnostics
This is a Meta Pixels case. In a short nonprecedential opinion, the Third Circuit rejects the plaintiffs’ claims. CIPA. The court says that Facebook isn’t impermissibly “eavesdropping” when a user’s computer simultaneously and concurrently transmits information to the website they’re…
Online TOS Formation Cases Make My Head Hurt
Coverage of two TOS formation cases that hit my alerts this week. Walsh v. Dollar Tree Store, Inc., 2025 WL 2939229 (S.D. Cal. Oct. 16, 2025) Dollar Tree required all website visitors to navigate through an interstitial cookie wall before…
The Wrap Taxonomy Vexes the Judge in the LinkedIn Insight Tag Cases
In the LinkedIn “Insight Tag” cases, Judge Davila issued two opinions where he classified UIs into the Wrap Taxonomy–and left a trail of appeallable issues in his wake. L.W.A. v. LinkedIn Corp., 2025 WL 2780788 (N.D. Cal. Sept. 30, 2025)…
Another TOS Formation Fails–Carruth v. Big Little Feelings
This is a Meta Pixels case. The plaintiff alleged VPPA violations. 🙄 The defense sought to send the case to arbitration per its TOS. The court disagrees. The Mobile Interface In its moving papers, the defense provided the following screengrab…
Ninth Circuit Dismisses “Session Replay” Lawsuit–Popa v. Microsoft
This case involves “session replay” technologies, described as (cleaned up): the software embeds snippets of JavaScript computer code on a website, which then deploys on each website visitor’s internet browser for the purpose of intercepting and recording the website visitor’s…
The Ninth Circuit’s Flood of TOS Formation Cases
Earlier this year, the Ninth Circuit issued companion rulings in Chabolla and Godun that scrambled Ninth Circuit TOS formation law. You can see where I think things now stand in the (free!) Online Contracts chapter from my Internet Law casebook….
Internet Access Providers Aren’t Bound by DMCA Unmasking Subpoenas–In re Cox
The DMCA online safe harbor is a notice-and-takedown scheme. Web hosts aren’t liable for copyright-infringing third-party uploads unless and until the copyright owner submits a proper takedown notice to the host, at which point the web host can remain legally…
The Second Circuit Is Done With Meta Pixels VPPA Cases–Hughes v. NFL
In May 2025, the Second Circuit rejected a Meta Pixels case based on the VPPA. See Solomon v. Flipps. Another VPPA Meta Pixels case came back to the Second Circuit, and it only took a short memo opinion to dismiss…