In re: Facebook Privacy Litigation

192 F. Supp. 3d 1053 (2016)

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In re: Facebook Privacy Litigation

United States District Court for the Northern District of California
192 F. Supp. 3d 1053 (2016)

SC

Facts

Wendy Marfeo (plaintiff) sued Facebook, Inc. (defendant) for breach of contract and fraud. Marfeo claimed that Facebook promised its users, including Marfeo, that it would not share any user’s personal identifiable information to third parties. Marfeo claimed that Facebook breached that promise. Generally, if an Internet user clicked on a link to a third-party website, something known as a referer header included an identification of the website from which the click came. Marfeo alleged that if a Facebook user navigated to her own Facebook profile page and then clicked a link to a third-party website, the referer header included enough information to identify the Facebook user. Facebook acknowledged that this was the case in theory. However, Facebook filed a motion to dismiss Marfeo’s lawsuit for lack of standing. Facebook claimed that Marfeo had not suffered injury in fact due to any breach of contract. Marfeo argued that she suffered injury in fact because she was denied the benefit of her bargain with Facebook and that she was entitled to nominal damages for Facebook’s breach of contract.

Rule of Law

Issue

Holding and Reasoning (Whyte, J.)

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