On February 10, the United States District Court for the Northern District of California denied defendant Bebe Stores, Inc.’s motion to decertify the plaintiffs’ proposed classes in a Telephone Consumer Protection Act class action.
In Meyer v. Bebe Stores, Inc., the named plaintiffs alleged that they provided their cell phone numbers to Bebe in
The Ninth Circuit recently affirmed the district court’s grant of summary judgment in favor of the defendants in an action under the Telephone Consumer Protection Act regarding text messages about a gym membership.
In Van Patten v. Vertical Fitness Group, LLC, Plaintiff-Appellant Bradley Van Patten visited a Gold’s Gym franchise to obtain information about
On February 6, the FTC and the New Jersey Office of the Attorney General announced a $2.2 million settlement with Vizio, Inc. over allegations the TV manufacturer installed software on its TVs to collect viewing data on 11 million consumers without their knowledge or consent.
According to the complaint, Vizio manufactured smart
On January 5, the Federal Trade Commission filed a complaint against D-Link Corporation, a Taiwanese corporation, and D-Link Systems, Inc., a California corporation and a subsidiary of D-Link Corporation. D-Link sells Internet of Things (“IoT”) devices and software to support such devices. Specifically, D-Link sells routers which transfer data packets along a network and which
On December 28, the U.S. Food and Drug Administration issued its “nonbinding recommendations” guidance for addressing post-market cybersecurity vulnerabilities in medical devices under the title “Postmarket Management of Cybersecurity in Medical Devices.”[1] By its terms, the recommendations are for a “risk-based framework for assessing when changes to medical devices for cybersecurity vulnerabilities require reporting
On January 26, the United States District Court for the Southern District of Indiana granted preliminary approval of a $17.5 million Telephone Consumer Protection Act class action against Navient Solutions Inc.
According to the original Complaint, plaintiff Randy Johnson received multiple telephone calls on his cell phone from Navient, a student loan servicing and collection
The National Highway Traffic Safety Administration and the Department of Transportation have issued a Notice of Proposed Rulemaking for autonomous and connected cars. The NPRM “proposes to establish a new Federal Motor Vehicle Safety Standard” under 40 CFR 571 to mandate vehicle-to-vehicle (V2V) communications for new light vehicles and to standardize the message and format
On January 26, New York Attorney General Eric Schneiderman announced a settlement with Acer Service Corporation over an alleged data breach involving more than 35,000 credit card numbers, including the credit card information and other personal information of 2,250 New York residents. As part of the settlement, Acer agreed to pay $115,000 in penalties
The Ninth Circuit in Medellin v. IKEA U.S. West Inc. recently remanded a plaintiff’s appeal to the district court with instructions to dismiss the case after the plaintiff admitted that she lacked Article III standing to proceed in federal court.
As background, Rita Medellin’s class action complaint alleged that IKEA violated the Song-Beverly Credit Card
In Telephone Science Corporation v. Asset Recovery Solutions, the United States District Court for the Northern District of Illinois recently held that Telephone Science Corporation (“TSC”), a telecommunications company, did not have standing to pursue its Telephone Consumer Protection Act claims against Asset Recovery Solutions, LLC (“ARS”), a debt collection company.
TSC operates a