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Fteja v. Facebook, Inc.

United States District Court for the Southern District of New York
841 F. Supp. 2d 829 (2012)


Mustafa Fteja (plaintiff) was an active user of facebook.com. At some point, Facebook, Inc. (Facebook) (defendant) disabled Fteja’s account. Fteja filed suit against Facebook in New York trial court. Facebook moved to transfer the case to the United States District Court for the Northern District of California. Facebook relied on the language contained in its Terms of Use, which contained a forum-selection clause stating that any dispute with Facebook was required to be pursued in Santa Clara County, California. Fteja claimed that he did not agree to this clause. However, to use facebook.com, a consumer had to acknowledge that he agreed to Facebook’s Terms of Use (TOU). Specifically, as part of registering for facebook.com, a consumer was taken to a webpage that displayed a “Sign Up” button. A sentence below the sign-up button stated that by clicking the button, the consumer was indicating that he had read and agreed to the Terms of Service. The phrase “Terms of Service” was a hyperlink that sent the consumer to a new webpage that provided all of the policies and conditions of using facebook.com. Facebook argued that Fteja had acknowledged his agreement to these policies and terms, including the forum-selection clause, by clicking the sign-up button prior to registering his account.

Rule of Law


Holding and Reasoning (Holwell, J.)

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