The Commerce Department issued its final affirmative determinations in the antidumping duty investigations on tin mill products from Canada (A-122-869), Germany (A-428-851) China (A-570-150) and South Korea (A-580-915). Changes to cash deposit requirements set in these final determinations take effect Jan. 10, the date they are scheduled for publication in the Federal Register.
A listing of recent Commerce Department antidumping and countervailing duty messages posted on CBP's website Jan. 8, along with the case number(s) and CBP message number, is provided below. The messages are available by searching for the listed CBP message number at CBP's ADCVD Search page.
PHE, owner of an adult products e-commerce website, www.adameve.com, provided co-defendant Google with information that revealed plaintiff Jane Doe’s private and protected sexual information and IP address, without notifying her and without her consent, in violation of the California Invasion of Privacy Act (CIPA), alleged a class action Wednesday (docket 24ST-cv-00181) in Los Angeles County Superior Court.
A listing of recent Commerce Department antidumping and countervailing duty messages posted on CBP's website Jan. 5, along with the case number(s) and CBP message number, is provided below. The messages are available by searching for the listed CBP message number at CBP's ADCVD Search page.
Cherry Technologies, a payment plan company for managing dental patients’ out-of-pocket costs, sent unsolicited fax ads Dec. 11 to Kawa Orthodontics and at least 40 other recipients in violation of the Telephone Consumer Protection Act, alleged Kawa in a class action Wednesday (docket 9:24-cv-80005) in U.S. District Court for Southern Florida in West Palm Beach. The fax that Cherry sent, trumpeting how patients could take advantage of unused dental benefits that were expiring at the end of the year, was “a generic advertising template suitable for mass transmission to numerous recipients,” said the complaint. Kawa further alleges that Cherry has sent other unsolicited advertisements via fax transmission in violation of the TCPA “during the four years preceding the filing of this lawsuit,” it said. Kawa and members of the proposed class were harmed by being sent the fax because it violated their “statutory right to be free from unsolicited fax advertisements,” it said. Court records show Kawa's lawsuit against Cherry was the third TCPA class action it has filed since June 2021, all for unsolicited fax ads. Kawa voluntarily dismissed its TCPA claims against Northwell Health Labs last month (see 2312230003).
Timothy Aguilar has now received more than 1,000 illegal “robo/nuisance, spoofed, artificial bot voice telemarketing calls,” up from more than 700 in October, said his amended Telephone Consumer Protection Act complaint Wednesday (docket 4:23-cv-03988) in U.S. District Court for Southern Texas in Houston. Aguilar's number has been listed on the national do not call registry since about 2011, it said. The case evolves from a campaign by Network Insurance Senior Health Division (NISHD) and Berken Media to market their services through pre-recorded and “spoofed” telemarketing calls “in plain violation of the TCPA.” Bandwidth, Peerless Networks and Onvoy have “initiated and or facilitated” the calls with their VoIP call services technology “to further NISHD’s and Berken’s telemarketing onslaught of robocalls” to Aguilar “on a consistent & daily basis,” said the pro se plaintiff. “A percentage” of the spoofed robocalls placed to Aguilar’s cellphone number on behalf of Berken Media and NISHD have the same or similar “marketing phone script” and prerecorded messages attributable to Berken and NISHD, with the “supporting role of the calling platforms of Onvoy, Bandwidth and Peerless,” the complaint said. The Pasadena, Texas, resident has been “harassed, cussed at" and victimized by the robocalls that solicited car warranties, medical and diabetic services, final expense services, home solar products and accident claim legal services, alleges the complaint. The amended complaint identified Berken as responsible for prerecorded robocalls for accident claim legal services. Aguilar has recorded many of the robocalls, he said. The plaintiff added a claim in the amended complaint, bringing the number of counts to five, for calls made to his cellphone using an artificial or prerecorded voice. Other claims are violations of the TCPA for using an automatic telephone dialing system and for calling a number on the national DNC list, violation of the Texas Business and Commercial Code and intentional infliction of emotional distress.
A listing of recent Commerce Department antidumping and countervailing duty messages posted on CBP's website Jan. 4, along with the case number(s) and CBP message number, is provided below. The messages are available by searching for the listed CBP message number at CBP's ADCVD Search page.
The “fundamental flaw” in plaintiff Gabriel Nater’s Oct. 27 class action alleging that he received a prerecorded call from State Farm without his prior express consent, in violation of the Telephone Consumer Protection Act, is that the insurance company didn’t place that call (see 2310300003), said State Farm’s memorandum of law Tuesday (docket 1:23-cv-01408) in U.S. District Court for Central Illinois in Peoria in support of its motion to dismiss Nater’s complaint. Nater’s allegations that State Farm made the call are “entirely conclusory,” said the memorandum. “No facts are alleged to support that assertion,” it added. To the contrary, the alleged facts suggest that the entity making the call was an "unnamed third-party lead generator,” it said. As such, Nater’s attempt to hold State Farm “directly liable” for the call fails, it said. Though a defendant, in some circumstances, “may be held vicariously liable under the TCPA for calls made by some third party on their behalf,” Nater’s complaint “makes no attempt to plead any such vicarious liability claim,” it said. The TCPA prohibition at issue here also applies “only to residential telephone lines, rather than business lines,” it said. Nater’s failure to allege that the called number is on a residential line “provides additional grounds for dismissal,” it said.
U.S. District Judge Otis Wright for Central California in Los Angeles granted Grindr's motion to dismiss with prejudice and without leave to amend plaintiff John Doe’s child sex trafficking complaint against the operator of the dating app for LGBTQ+ people, said the judge's signed Dec. 28 order (docket 2:23-cv-02093). “The facts of this case are indisputably alarming and tragic,” it said. “No one should endure” what plaintiff Doe has. But “after careful review and consideration of the facts and applicable law,” the court "ultimately determines" that Doe’s claims are "precluded" by Section 230 of the Communications Decency Act, it said. In spring 2019, Doe was 15 and lived in a small town in Nova Scotia, where he “knew he was gay but was too ashamed to tell his parents,” said the order. “Seeking queer community,” Doe installed the Grindr app, misrepresented that he was older than 18 and created a user profile, it said. Grindr didn’t verify Doe’s age, it said. Over a four-day period, the app matched Doe with four “geographically proximate adult men,” it said. Doe and the men exchanged direct messages, personal information and sexually explicit photos, it added. Doe met each man and was sexually assaulted and raped, it said. After Doe’s mother confronted him, Doe told her he was on Grindr, that the app matched him with adult men and that they had raped him, it said. Three of the men are in prison for sex crimes, while the fourth remains at large, it said.
A listing of recent Commerce Department antidumping and countervailing duty messages posted on CBP's website Jan. 3, along with the case number(s) and CBP message number, is provided below. The messages are available by searching for the listed CBP message number at CBP's ADCVD Search page.