ODIN, FELDMAN & PITTLEMAN, PC, Fairfax, Virginia,for Appellee.
Benjamin G. Chew, John C. Hil-ton, PATTON BOGGS, LLP, Washington, D.C., for Appel-lants. Stephen A. Cobb, ODIN, FELDMAN & PITTLEMAN,PC, Fairfax, Virginia, for Appellee.
AGEE, Circuit Judge:Consumeraffairs.com, Incorporated ("Consumeraffairs.com") operates a website that allows consumers to commenton the quality of businesses, goods, and services. The presentsuit concerns various posts on this website relating to automo-biles sold or serviced by Nemet Chevrolet, Ltd. ("Nemet").Viewing certain of these postings as false and harmful to itsreputation, Nemet brought suit against Consumeraffairs.comin the United States District Court for the Eastern District of Virginia for defamation and tortious interference with a busi-ness expectancy.
Consumeraffairs.com moved to dismissthese claims, under Rule 12(b)(6) of the Federal Rules of Civil Procedure, as barred by § 230 of the CommunicationsDecency Act of 1996 ("CDA"), which precludes plaintiffsfrom holding interactive computer service providers liable forthe publication of information created and developed by others.
47 U.S.C. § 230(c)(1), (e)(3), & (f)(3);
Zeran v. Am.Online, Inc.
, 129 F.3d 327, 330 (4th Cir. 1997).
The district court exercised jurisdiction over Nemet’s state-law claimspursuant to 28 U.S.C. §§ 1332 & 1367(a). In the district court, Nemet alsopled several federal claims under the Lanham Act, which are not at issuein this appeal.
15 U.S.C. § 1125.
An "interactive computer service" is defined in the CDA as "any infor-mation service, system, or access software provider that provides orenables computer access by multiple users to a computer server, includingspecifically a service or system that provides access to the Internet andsuch systems operated or services offered by libraries or educational insti-tutions." 47 U.S.C. § 230(f)(2).
Case: 08-2097 Document: 37 Date Filed: 12/29/2009 Page: 2