Welcome to the Tech & Telecom Weekly, an e-newsletter keeping you apprised of the latest developments in the telecommunications and high-tech industries.

T-Mobile USA was hit with two consumer class actions in the U.S. District Court for the Western District of Washington last Friday. Both cases arise from the @und0xxed data breach that occurred August 15, 2021, in which the account records of 850,000 consumers were illegally obtained. The complaints, filed by two different law firms, both propose a Nationwide Class and a California Class, lodging claims of negligence and unjust enrichment as well as, variously, violations of the California Legal Remedies Act,  the California Consumer Privacy Act, and similar Washington statutes. Espanoza v. T-Mobile USA, Inc., No. 2:21-cv-01119 (W.D. Wash. Filed Aug. 19, 2021); Duruwalla v. T-Mobile USA, Inc., No. 2:21-cv-01118 (W.D. Wash. Filed Aug. 19, 2021).

Also last Friday, the FTC filed its Amended Complaint against Facebook in the U.S. District Court for the District of Columbia after that court dismissed the initial complaint without prejudice on June 28, 2021. The theme of the complaint is an alleged “buy or bury” scheme at Facebook described as “anticompetitive dealing policies that pulled the rug out from under firms perceived as competitive threats.” More specifically, a policy of “inviting” app developers to its platform and then later locking them out unless they agreed never to compete with Facebook. The agency also supplied additional allegations to support its proposed relevant market. By stipulated agreement, Facebook must respond to the Amended Complaint by October 4, 2021.

For more information about these cases, please contact Stephanie Joyce.

Note: This publication is distributed with the understanding that the author, publisher and distributor of this publication and/or any linked publication are not rendering legal, accounting, or other professional advice or opinions on specific facts or matters and, accordingly, assume no liability whatsoever in connection with its use. Pursuant to applicable rules of professional conduct, portions of this publication may constitute Attorney Advertising.

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