Bloomberg Law: Privacy & Data Security brings you single-source access to the expertise of Bloomberg Law’s privacy and data security editorial team, contributing practitioners,...
By Jimmy H. Koo
Facebook Inc. won’t have to face claims by a massive potential class that it tracked offline users’ internet activities, after a California federal court dismissed the suit for a third and final time.
Plaintiffs failed to convince the U.S. District Court for the Northern District of California that the Menlo Park, Calif.-based social media giant was contractually bound to not track the internet activities of logged-out Facebook users ( In re Facebook Internet Tracking Litig. , 2017 BL 414264, N.D. Cal., No. 5:12-md-02314-EJD, 11/17/17 ).
The multidistrict litigation consolidated in California had gone through two previous rounds of dismissal motions from Facebook, where the district court dismissed the majority of the plaintiffs’ Wiretap Act, Stored Communications Act, Electronic Communications Privacy Act, and state statutory claims. But the court allowed the plaintiffs to amend their complaint. The court this time dismissed the litigation with prejudice, meaning the plaintiffs are precluded from amending and refiling their complaint.
The named plaintiffs were seeking to represent a class of every active U.S. Facebook users from April 2010 through a later date determined after discovery. The first amended complaint said the potential class could number 150 million Facebook users. The number of daily active Facebook users in U.S. and Canada in the spring of 2010 was approximately 82 million, according to Bloomberg data.
Facebook’s Associate General Counsel Natalie Naugle told Bloomberg Law in a Nov. 20 email that the company is pleased with the court’s ruling.
Bartimus Frickleton Robertson PC and Kiesel Law LLP represented the plaintiffs. Cooley LLP represented Facebook.
To contact the reporter on this story: Jimmy H. Koo in Washington at email@example.com
To contact the editor responsible for this story: Donald Aplin at firstname.lastname@example.org
Full text of the court's order is available at http://src.bna.com/umu.
Copyright © 2017 The Bureau of National Affairs, Inc. All Rights Reserved.
All Bloomberg BNA treatises are available on standing order, which ensures you will always receive the most current edition of the book or supplement of the title you have ordered from Bloomberg BNA’s book division. As soon as a new supplement or edition is published (usually annually) for a title you’ve previously purchased and requested to be placed on standing order, we’ll ship it to you to review for 30 days without any obligation. During this period, you can either (a) honor the invoice and receive a 5% discount (in addition to any other discounts you may qualify for) off the then-current price of the update, plus shipping and handling or (b) return the book(s), in which case, your invoice will be cancelled upon receipt of the book(s). Call us for a prepaid UPS label for your return. It’s as simple and easy as that. Most importantly, standing orders mean you will never have to worry about the timeliness of the information you’re relying on. And, you may discontinue standing orders at any time by contacting us at 1.800.960.1220 or by sending an email to email@example.com.
Put me on standing order at a 5% discount off list price of all future updates, in addition to any other discounts I may quality for. (Returnable within 30 days.)
Notify me when updates are available (No standing order will be created).
This Bloomberg BNA report is available on standing order, which ensures you will all receive the latest edition. This report is updated annually and we will send you the latest edition once it has been published. By signing up for standing order you will never have to worry about the timeliness of the information you need. And, you may discontinue standing orders at any time by contacting us at 1.800.372.1033, option 5, or by sending us an email to firstname.lastname@example.org.
Put me on standing order
Notify me when new releases are available (no standing order will be created)