- On June 21, 2012, the Supreme Court vacated the fines levied by the FCC against Fox and ABC for “fleeting expletives” that occurred during live broadcasts. The Court found that the FCC’s indecency policy was unclear at the time of the broadcasts, and thus Fox and ABC were deprived adequate notice prior to the sanctions. This case did not include the Janet Jackson incident. To read the full opinion, click here. FCC v. Fox Tel. Stations, Inc., No. 10-1293.
- Sprint knows that “unlimited” means “unlimited,” but it may have been a bit hazy on “everything.” On June 18, 2012, plaintiffs in a putative class action sought court approval of their $19 million settlement with Sprint to end their lawsuit regarding Sprint’s practice of charging separately for sending text messages with pictures after the customers had already paid for unlimited messaging plans. One putative class representative subscribed to Sprint’s “Everything Messaging” plan but was then billed so much for picture messaging that it doubled her monthly bill. Of the settlement, her counsel told the court that this was the best deal they could broker given the uncertainty of the factual and legal issues attending the case: “Plaintiffs and class counsel believe this proposed settlement to be an excellent result and submit that it is in the best interests of the settlement class, providing a meaningful recovery for the settlement class now.” Plaintiffs’ counsel would receive up to $3.5 million in fees. Affected consumers would receive either a $20 cash payout or noncash benefits from Sprint. Eoff v. Sprint Nextel Corp., No. 2:10-cv-01190 (D.N.J.).
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In the courts
- Arent Fox LLP
- Ross A. Buntrock , Jonathan E. Canis , Michael B. Hazzard , Stephanie A. Joyce and Adam D. Bowser
- June 25 2012
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