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CLASS ACTION COMPLAINT
12345678910111213141516171819202122232425262728KASSRA P. NASSIRI (215405)knassiri@nassiri-jung.comCHARLES H. JUNG (217909)cjung@nassiri-jung.comNASSIRI & JUNG LLP251 Kearny Street, Suite 501San Francisco, California 94108Telephone: (415) 762-3100Facsimile: (415) 534-3200Attorneys for Plaintiff Mike Robertson
UNITED STATES DISTRICT COURTNORTHERN DISTRICT OF CALIFORNIASAN JOSE DIVISION
MIKE ROBERTSON, individually and on behalf of all others similarly situated,Plaintiff,vs.FACEBOOK, INC., a Delaware corporation, andDOES 1-50, inclusive,Defendant.Case No.CLASS ACTION
COMPLAINT FOR:1.
BREACH OF CONTRACT;2.
BREACH OF IMPLIED COVENANT OFGOOD FAITH AND FAIR DEALING;3.
VIOLATION OF THE ELECTRONICCOMMUNICATIONS PRIVACY ACT;4.
VIOLATION OF STOREDCOMMUNICATIONS ACT; AND5.
UNJUST ENRICHMENT.
ACTION FILED: 05/31/10
JURY TRIAL DEMANDED
Plaintiff brings this suit on behalf of himself and all others similarly situated, and makes thefollowing allegations on information and belief, except as to allegations pertaining to Plaintiff,which are based on his personal knowledge:
I. INTRODUCTION
1.
This is a class action lawsuit, brought by, and on behalf of similarly-situatedindividuals whose privacy was violated by the actions of Facebook, Inc. (“Facebook”).
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CLASS ACTION COMPLAINT
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Facebook’s own policies state that “We never share your personal information withour advertisers” and “We do not give your content of information to advertisers without yourconsent.”3.
Unbeknownst to Facebook members, and in violation of Facebook’s own statedpolicies, Facebook intentionally and knowingly transmitted personal user information to third partyadvertisers without member consent.4.
Facebook’s conduct violated one or more of the following:a.
Facebook’s own terms and conditions with its members;b.
Electronic Communications Privacy Act, 18 U.S.C. § 2510
et seq.
(the “ECPA”);andc.
Stored Communications Act, 18 U.S.C. § 2701
et seq.
(the “SCA”).
II. PARTIES
5.
Plaintiff Mike Robertson is a resident of Marin County, California. Between June2008 and June 2010, Plaintiff clicked on at least one advertising banner from his Facebook profilepage.6.
Defendant Facebook, Inc. (hereinafter, “Facebook”) is a Delaware corporation whichmaintains its headquarters in Palo Alto, California.
III. JURISDICTION AND VENUE
7.
This Court has personal jurisdiction over all defendants because (a) a substantialportion of the wrongdoing alleged in this complaint took place in this state, (b) all defendants areauthorized to do business here, have sufficient minimum contacts with this state, and/or otherwiseintentionally avail themselves of the markets in this state through the promotion, marketing and saleof products and services in this state, to render the exercise of jurisdiction by this Court permissibleunder traditional notions of fair play and substantial justice.8.
This Court has subject matter jurisdiction pursuant to the Class Action Fairness Actof 2005, U.S.C. §§ 1332(a) and 1332(d) because the amount in controversy exceeds $5,000,000.00exclusive of interest and costs, and more than two-thirds of the members of the putative class arecitizens of states different than that of Facebook.
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CLASS ACTION COMPLAINT
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Venue is proper in this District under 28 U.S.C. § 1391(b) and (c). A substantialportion of the events and conduct giving rise to the violations of law complained of herein occurredin this District. Facebook’s principal executive offices and headquarters are located in Palo Alto,California.
IV. INTRADISTRICT ASSIGNMENT
10.
Intradistrict assignment to the San Jose Division is proper because the principaloffices of defendant Facebook are located in Santa Clara County.
V. STATEMENT OF FACTSA.
Facebook Receives Personal Information from its Members and Promises not toDisclose that Information to Advertisers
11.
Facebook owns and operates an online web site located at http://www.facebook.com.12.
Facebook is an online social network to exchange personal information confidentiallywith friends.13.
Facebook membership requires the member to provide their actual name, birth date,gender and email address. Facebook also requires members to register with a unique username andpassword in order to access its computer network. Facebook allows members to provide informationabout the member’s “hometown” to join a “network,” which generally is a high school, college,workplace, or city. Facebook members also have the option to provide additional personalinformation including sexual preferences, political and religious convictions, telephone numbers,address, activities, interest, education, work, and to post photographs.14.
The information described in Paragraph 13 above can be used to identify and locatethe Facebook member. Personally identifiable information (hereinafter, “PII”) is information thatcan be used to distinguish or trace an individual’s identity, and when combined or used with otheridentifying information, is, or can be linked or linkable to a specific individual.15.
Facebook, which is under increasing scrutiny over its privacy practices fromconsumer, privacy advocates and lawmakers, enacted a privacy policy in order to address privacyconcerns and to argue against the need for government regulation.16.
Facebook requires its members to be contractually bound to the following terms andconditions:
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Robertson v Facebook Complaint
Class action lawsuit over Facebook's inclusion of usernames in referrer URLs
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