3believed to be hundreds of thousands of individuals. Because Facebook, Inc. is a privately heldcompany, figures regarding its use and sources of revenue are not publically available, butbecause younger persons are generally seen to be early adapters to new technologies forcommunication, the number of users under the age of 18 is believed to be equal to or greater thantheir proportionate share of the population at large.
CLASS ACTION ALLEGATIONS
Pursuant to Rules 23(a); (b)(1), (b)(2) and (b)(3), Plaintiff brings this action on his own behalf and in a representative capacity on behalf of all personssimilarly situated (the “Class”):All persons who, from November 6, 2007 through the present (the“Class Period”): (1) were under the age of 18 years; (2) were NewYork residences; (3) were members of Facebook and (4) whileunder the age of 18 years, had their names or likenesses used on aFacebook feed or in an advertisement sold by Facebook, Inc.,without the consent of their parent or guardian.10.
Excluded from this Class are: Defendants, its officers, directors, agents, trustees,corporations, trusts, representatives, employees, principals, servants, partners, joint ventures orentities controlled by Defendant; the Judge assigned to this action, any member of the Judge’simmediately family; and counsel for Plaintiff.11.
Subject to additional information obtained through further investigation anddiscovery, the Class definition may be expanded or narrowed by amendment or amendedcomplaint.12.
: Plaintiff does not know the exact size of the Class since suchinformation is exclusively in the control of Defendant. Plaintiff believes that there are thousandsof Class members, and that they are sufficiently numerous and geographically dispersed
Case 1:11-cv-02128-FB -ALC Document 2 Filed 05/03/11 Page 3 of 16