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….
$1 Billion Pro Se Privacy Lawsuit Against Google Fails–Shah v. MyLife
By Eric Goldman Shah v. MyLife.Com, Inc., 2012 WL 4863696 (D. Or. September 21, 2012) (magistrate’s report and recommendations). On October 11, 2012, the judge approved the magistrate’s report only on subject matter and personal jurisdiction grounds. The initial complaint….
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…
The Proposed “Cloud Computing Act of 2012,” and How Internet Regulation Can Go Awry (Forbes Cross-Post)
By Eric Goldman Sen. Amy Klobuchar has introduced a new bill, the “Cloud Computing Act of 2012” (S.3569), that purports to “improve the enforcement of criminal and civil law with respect to cloud computing.” Given its introduction so close to…
Judge Dismisses Claims Against Pandora for Violating Michigan’s Version of the VPPA – Deacon v. Pandora Media
[Post by Venkat Balasubramani] Deacon v. Pandora Media, Inc., 2012 WL 4497796 (N.D. Cal.; Sept. 28, 2012) The plaintiffs sued Pandora for improperly disclosing their “listening history” and related information (bookmarked tracks, stations, recent activity, and bookmarked artists). Plaintiffs alleged…
Big Problems in California’s New Law Restricting Employers’ Access to Employees’ Online Accounts (Forbes Cross-Post)
By Eric Goldman Last week, California Governor Jerry Brown signed two laws restricting demands for social media accounts or login credentials. Senate Bill 1349 restricts schools’ access to students’ social media accounts. Assembly Bill 1844 restricts employers’ access to employees’…
Stored Communications Act Bars Disclosure of Facebook Records to Surviving Family Members in the UK
[Post by Venkat Balasubramani] In re Request for Order Requiring Facebook, Inc. to Produce Documents and Things, C 12-80171 LHK (PSG) (N.D. Cal.; Sept. 20, 2012) In 2008, Sahar Daftary fell from a 12th floor building in England. Her surviving…
Split 9th Circuit Panel Approves Facebook Beacon Settlement – Lane v. Facebook
[Post by Venkat Balasubramani] Lane v. Facebook, 10-16380 (9th Cir. Sept. 20, 2012) Facebook’s Beacon initiative has generated more than a few blog posts. Judge Seeborg approved the class settlement, over the objections of several objectors, including Ginger McCall. The…
Social Media Discovery Roundup
[Post by Venkat Balasubramani] * Douglas v. Riverwalk Grill, LLC, 11-15230 (E.D. Mich.; Aug 24, 2012) * Mailhoit v. Home Depot USA, Inc., 11-03892 DOC (SSx) (C.D. Cal.; Sept. 7, 2012) * Robinson v. Jones Lang Lasalle Americas, Inc., 12…
Another Blow to Banks in ACH Fraud Cases: Funds Transfers Act Preempts Indemnity Agreements — Choice Escrow v. BancorpSouth
[Post by Jake McGowan] Choice Escrow and Land Title, LLC v. BancorpSouth Bank, 10-03531 (W.D. Miss. Aug. 20, 2012) Asharkyu / Shutterstock.com Last month, we blogged about Patco v. Ocean Bank, where the First Circuit held that the bank may…