Mealey's Cyber Tech & E-Commerce
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March 26, 2026
N.M. Jury Assesses Penalties Of $375M In Facebook Consumer Law Violation Suit
SANTA FE, N.M. — A New Mexico state court jury found Meta Platforms Inc. liable in a suit alleging that it violated state consumer protection laws, assessing $5,000 in penalties per violation, totaling $375 million for Meta’s alleged “refusal to implement design features that would protect children from sexual exploitation and mental health harm.”
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March 26, 2026
Jury Returns Verdict Of $6M In ‘Addiction’ Trial Against Meta, YouTube
LOS ANGELES — A California state court jury on March 25 returned a verdict ordering Meta Platforms Inc. and YouTube LLC to pay $6 million in damages, comprising $3 million in compensatory damages and $2.1 million in punitive damages against Meta and $900,000 against YouTube, in a suit alleging that the social media platforms “breached their duty” to the plaintiff by failing to warn of “the risks associated with using the platforms” that led to “addiction.”
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March 26, 2026
Summary Judgment Affirmed In Favor Of Health Provider In Data-Sharing Dispute
BALTIMORE — A Maryland appellate panel affirmed summary judgment in favor of a health care provider in a suit alleging that its website’s embedded tracking code unlawfully disclosed patient data, holding that the Maryland Electronic Surveillance Act’s definition of communication does not include the transmission of metadata such as IP addresses, cookie values and URL information.
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March 25, 2026
Federal Circuit Rejects Bid To Rethink Claims Nintendo Infringed Handheld Patent
WASHINGTON, D.C. — The Federal Circuit U.S. Court of Appeals rejected a gaming company’s petition for rehearing en banc or panel rehearing, leaving in place a panel’s January opinion that held that Nintendo Co. Ltd. does not infringe the plaintiff-appellant’s patent.
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March 24, 2026
Judge Dismisses All Claims Except Conversion In Google Gift Card Scam Suit
SAN JOSE, Calif. — A California federal judge granted a motion to dismiss without leave to amend several claims, including for violation of California’s unfair competition law (UCL), against Google LLC and its affiliates for allegedly failing to protect customers from Google Play gift card scammers because most of the conduct alleged is not “attributable to Google,” declined to dismiss conversion-related claims and narrowed the class definition.
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March 24, 2026
$68M Settlement For Google Assistant Eavesdropping Claims Gets Preliminary OK
SAN JOSE, Calif. — A California federal judge granted a motion for preliminary approval of a $68 million settlement of a group of plaintiffs’ putative class claims against Google LLC and Alphabet Inc. (collectively Google) for allegedly eavesdropping on Google Assistant (GA) users in violation of California’s unfair competition law (UCL) and privacy laws.
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March 24, 2026
5th Circuit Grants Petition, Vacates FTC Cease-And-Desist Order Over Intuit Ads
NEW ORLEANS — The Fifth Circuit U.S. Court of Appeals granted a petition filed by Intuit Inc., the seller of online tax preparation product TurboTax, and vacated a 20-year cease-and-desist order issued by the Federal Trade Commission preventing Intuit from advertising any services as free, finding that the administrative law judge proceeding resulting in the order violated the separation of powers under Article III of the U.S. Constitution because deceptive advertising suits involve private rights requiring adjudication in federal court.
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March 24, 2026
Judge Grants In Part Insured’s Motion To Compel In Cyber Crime Coverage Suit
DALLAS — A federal judge in Dallas granted in part an insured’s motion to compel an insurer to provide deposition testimony, answer interrogatories and produce “privileged” documents in a coverage dispute arising from a criminal cyberattack, concluding that the insured has established a possibility that testimony as to underwriting may be relevant to a claim or defense and the insurer has failed to demonstrate that the documents it withheld satisfy the elements of attorney-client privilege or are entitled to work product protection.
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March 23, 2026
Judge Dismisses Publishers’ AI Antitrust Tying Claims Against Google
WASHINGTON, D.C. — Two news publishers are not in the general search services marketplace and have not established that general Google LLC search and its artificial intelligence products AI Overviews or Gemini chatbot are separate products for antitrust tying purposes, a federal judge in the District of Columbia said March 20 in dismissing antitrust claims.
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March 23, 2026
FCC: Constitution Allows Forfeiture Orders In Verizon, AT&T High Court Challenge
WASHINGTON, D.C. — The Federal Communications Commission and the U.S. government on March 20 filed their response in the U.S. Supreme Court in consolidated cases where Verizon Communications Inc. and AT&T Inc. assert constitutional challenges to the FCC’s enforcement of monetary forfeitures under the Communications Act.
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March 23, 2026
Cert Denied In Class Ad Market Antitrust Violations Dispute Against Apple, Google
WASHINGTON, D.C. — The U.S. Supreme Court on March 23 denied a petition for a writ of certiorari filed by a professional certification school seeking review of the Ninth Circuit U.S. Court of Appeals’ affirmance of a lower court’s ruling compelling arbitration and dismissing a class action antitrust suit alleging that Google and Apple violated state and federal antitrust laws by unlawfully agreeing to divide online search and search advertising markets.
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March 20, 2026
4th Circuit Affirms Dismissal Of Communications Act Suit Against T-Mobile
RICHMOND, Va. — The Fourth Circuit U.S. Court of Appeals on March 19 affirmed a lower court’s dismissal of an internet services provider’s Communications Act violation suit against T-Mobile alleging network interference, finding that the “claim is barred by that statute’s election-of-remedies provision” because the provider had already filed a complaint with the Federal Communications Commission.
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March 18, 2026
Minors Sue XAI Over Grok’s Alleged Creation Of Illegal Nude Images
SAN FRANCISCO — Three minors filed a putative class action lawsuit in California federal court against x.AI Corp. and x.AI LLC (collectively, xAI) over the alleged creation by its generative AI tool Grok of child sexual abuse material (CSAM) using their images seeking injunctive relief and damages against xAI for violation of CSAM laws as well as California’s unfair competition law (UCL), saying “[t]heir lives have been shattered” by the images being spread online.
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March 18, 2026
Reconsideration Of Discovery Orders Denied In Search Monopoly Dispute With Google
SAN JOSE, Calif. — A California federal judge denied reconsideration of orders denying requests to extend the deadline for expert reports and mostly denying requests to depose individuals in a group of internet search engine users’ suit asserting antitrust claims against Google LLC and related parties regarding allegations of a general search services monopoly.
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March 18, 2026
Roblox Plaintiff Didn’t Waive Mental Health Records Privilege, Magistrate Says
EUREKA, Calif. — A California federal magistrate judge denied Roblox Corp.’s request to compel production of the mental health records of a minor who is one of the class representatives in a suit alleging that Roblox and third-party websites allowed minors to gamble using the digital currency “Robux,” opining that the plaintiffs did not waive privilege over therapy records regarding the minor’s gambling addiction and theft from family members.
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March 18, 2026
Tesla Says Certified Class Did Not Prove Members Saw ‘Self-Driving’ Claim
SAN FRANCISCO — Tesla Inc. and its affiliates ask the Ninth Circuit U.S. Court of Appeals in an appellant brief to reverse the certification of a class action against them for violating California’s unfair competition law (UCL) and other laws by misrepresenting the capabilities of Tesla vehicles’ “self-driving” technology, writing that the plaintiff did not present sufficient evidence that purchasers were exposed to allegedly false statements.
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March 16, 2026
Deadlines Set In Suit Against JPMorgan Over Alleged $328M Crypto Scam
SAN FRANCISCO — Deadlines and a case management conference were set in California federal court for a putative class action against JPMorgan Chase Bank N.A. brought by a plaintiff who claims that the bank “enabled” a cryptocurrency “Ponzi scheme” that misled him into liquidating and then losing his retirement account in the scam, allegedly in violation of California’s unfair competition law (UCL) and other laws.
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March 13, 2026
9th Circuit Affirms Injunction In Part In Children’s Online Privacy Act Challenge
SAN FRANCISCO — The Ninth Circuit U.S. Court of Appeals on March 12 affirmed in part and vacated in part a lower court’s preliminary injunction enjoining the enforcement of the California Age-Appropriate Design Code Act (CAADCA) in a suit filed by a trade association of online businesses challenging the CAADCA, which was enacted to provide online privacy protections for children under 18, affirming the injunction regarding the act’s data use and dark patterns restrictions after finding that those provisions do not clearly describe the prohibited conduct.
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March 13, 2026
Parties File Briefs In High Court Supporting Verizon Challenge To FCC Forfeitures
WASHINGTON, D.C. — More than a dozen parties filed amicus curiae briefs in the U.S. Supreme Court supporting Verizon Communications Inc. and AT&T Inc. in consolidated cases where Verizon and AT&T asserted constitutional challenges to the Federal Communications Commission’s enforcement of monetary forfeitures under the Communications Act.
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March 12, 2026
Forfeiture Order Issued In Suit Over Alleged North Korean ‘Cryptocurrency Heist’
WASHINGTON, D.C. — A District of Columbia federal judge on March 11 granted the U.S. government’s motion for default judgment and ordered forfeiture to the government of now-frozen cryptocurrency allegedly stolen by North Korean hackers, finding that the cryptocurrency is considered the proceeds of computer fraud and subject to forfeiture in this case where the government correctly provided notice.
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March 11, 2026
Judge Declines To Certify Class Of AirTag ‘Stalking’ Victims Suing Apple
SAN FRANCISCO — A California federal judge denied a motion that was filed by plaintiffs who claim that Apple Inc.’s “AirTag” tracking devices were used to stalk them in violation of California’s unfair competition law (UCL) and other laws, in which they sought to certify three nationwide classes of people allegedly “tracked without consent by Apple’s AirTag,” and directed the parties to prepare to discuss whether the cases should be severed.
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March 10, 2026
Appellant Forfeited New Antedating Argument Before PTAB, Federal Circuit Says
WASHINGTON, D.C. — A Federal Circuit U.S. Court of Appeals panel on March 9 affirmed final written decisions by the U.S. Patent Trial and Appeal Board (PTAB), holding that the board did not abuse its discretion when it held that a technology company forfeited a new antedating argument during inter partes review (IPR) proceedings.
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March 10, 2026
U.S. Supreme Court Dismisses Google, Epic Fortnite Antitrust Dispute
WASHINGTON, D.C. — After the parties filed a joint stipulation to dismiss, the U.S. Supreme Court in a docket only order on March 9 dismissed a petition filed by Google LLC and related entities (collectively, Google) seeking review of a Ninth Circuit U.S. Court of Appeals’ ruling affirming a jury verdict and injunction in an antitrust suit filed against it by Epic Games Inc. over Google’s removal of Epic’s Fortnite game from the Google Play Store.
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March 09, 2026
Epic Sues Former Contractor Over NDA Breach And Discord ‘Leaks’ About Fortnite
RALEIGH, N.C. — Epic Games Inc., the creator of the popular video game Fortnite, sued a former Epic contractor in a North Carolina federal court, asserting violations of the Defend Trade Secrets Act, related state laws and breach of contract for the contractor’s purported violations of a nondisclosure agreement (NDA) and “leaking” information via social media accounts on Discord and X (formerly Twitter) regarding “confidential details” about upcoming content releases in Fortnite.
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March 06, 2026
Google, Epic Games Ask U.S. Supreme Court To Dismiss Fortnite Antitrust Dispute
WASHINGTON, D.C. — After filing a motion to modify an injunction in a California federal court, Epic Games Inc. and Google LLC and related entities (collectively, Google) on March 5 filed a joint stipulation of dismissal in the U.S. Supreme Court regarding Google’s petition seeking review of a Ninth Circuit U.S. Court of Appeals’ ruling affirming a lower court’s jury verdict and injunction in an antitrust suit filed against it by Epic Games Inc. over Google’s removal of Epic’s Fortnite game from the Google Play Store.