Facebook Says Class Action Suits Lack Standing

[Amy Miller]

Lawyers for Facebook have moved to dismiss two class action suits that claim the company violated members’ privacy.

One suit, originally filed on Nov. 22 in the Northern District of California, alleges that Facebook used members’ photos to advertise its “Friend Finder” service without their consent. It asks for damages of $750 for each time the advertisement appears, totaling no less than $100 million.

The other suit originally filed Oct. 11 in the Northern District claims that Facebook shared users’ sensitive personally identifiable information, including their real names, with advertising partners, violating its own privacy policy.

In its motions to dismiss, however, Facebook’s lawyers from Cooley in San Francisco argue also that the plaintiffs lack standing and that their complaints do not allege actual injury.

“In fact, other than alleging that Plaintiffs ‘clicked on at least one third-party advertisement displayed on Facebook.com’ during an undefined ‘relevant period,’ plaintiffs make no allegations at all containing facts specific to themselves or their Facebook accounts,” one motion said.

Facebook is represented by Cooley partners Matthew Brown and Michael Rhodes.

Comments

[David]

That facebook still struggles to identify a consistent profit source illustrates that a number of elements on the site may have contributed to its notoriety. That individual members have not shared in the benefits of that notoriety - to an extent that the company has recieved valuations in excess of $50 billion, it seems possible but not probable for a claimant to establish damages.

[Ben Buchwalter]

I'm generally skeptical of Facebook's privacy policies. But I also feel that people joining Facebook should expect little to no privacy of what they post on the site and engage cautiously. Since there seems to be relatively little precedent on this topic, I'm very interested to see how lawsuitslike these turn out.

[JOEY]

David, You must be a lawyer. I have no idea what you just said.

[Christopher Hinn]

I think it should not be given much merit if the complain did not cause injury to the complainant. I think facebook also should create a term and agreement before a user could become a member. In such a way both would know their limitations.

[TKC]

Michael Rhodes is also Facebook's attorney in Leader Technologies, Inc. v. Facebook, Inc., 08-cv-862-JJF/LPS (D.Del. 2008). After reading Leader's appeal in this case, it appears that Facebook's games at trial are going to come undone. http://facebook-technology-origins.blogspot.com/ From reading this extensive insight into the Leader vs. Facebook trial, it would appear that Mark Zuckerberg hired a law firm that is willing to cut ethical corners just like he does. Read for yourself. It is fascinating. Also, if any of us hope to survive future smear attacks, we all need to be cheering for Leader to win on appeal.