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Class Action Complaint - 1
H
ILLIS
C
LARK
M
ARTIN
&
 
P
ETERSON
P.S.
1221 Second Avenue, Suite 500Seattle, Washington 98101-2925Telephone: (206) 623-1745Facsimile: (206) 623-7789
12345678910111213141516171819202122232425262728UNITED STATES DISTRICT COURTWESTERN DISTRICT OF WASHINGTONMATTHEW J. VICKERY, and other personssimilarly situated,Plaintiff,v.FACEBOOK, INC.; DOES 1 THROUGH 10,Defendants.No.
CLASS ACTION COMPLAINTJURY TRIAL DEMANDED
Plaintiff, Matthew J. Vickery, on behalf of himself and all others similarly situated,alleges as follows:
INTRODUCTION
1.
 
This class action arises out of improper and unlawful actions by theDefendants who participated in a scheme to intercept, endeavor to intercept, or procure thePlaintiff and the Class members’ personal information as prohibited by law.2.
 
Plaintiff and the Class members are individuals who subscribe to the onlinesocial media site Facebook.com.
Case 2:11-cv-01901-JLR Document 1 Filed 11/14/11 Page 1 of 15
2:11-cv-1901
 
 
Class Action Complaint - 2
H
ILLIS
C
LARK
M
ARTIN
&
 
P
ETERSON
P.S.
1221 Second Avenue, Suite 500Seattle, Washington 98101-2925Telephone: (206) 623-1745Facsimile: (206) 623-7789
123456789101112131415161718192021222324252627283.
 
Facebook maintains personal information pertaining to each individual as wellas monitors the individual online habits of their users keeping track of websites they visit.4.
 
Upon obtaining personal information and wire and electronic communicationsof the Plaintiff, Facebook conspired to use the information for target marketing whichpertained to the Plaintiff and the individual Class members, over the Internet.5.
 
Such conduct was committed in violation of Title III of the Omnibus CrimeControl and Safe Streets Act of 1968 as amended by the Electronic Communication PrivacyAct of 1986, 18 U.S.C. § 2511,
et seq.
(the “Wiretap Act”).
PARTIESPlaintiff 
6.
 
Plaintiff Matthew J. Vickery is an individual who resides in King County,Washington. Upon information and belief, Defendant intercepted, collected, and storedpersonal information from Plaintiff.
Defendants
7.
 
Defendant is a company organized and existing under the laws of the State of Delaware, with its principal place of business at 1601 S. California Ave. Palo Alto, California.94304. Facebook, Inc. owns and operates websites including www.facebook.com, whichoffers online social interaction and picture storage.8.
 
Defendants Doe 1 through 10 are the remaining directors, employees, agents,or contractors of Facebook that are yet to be named and whose identity will become knownthrough discovery and/or by requests made by Plaintiff or the members of the plaintiff class,after which such remaining defendants will be added as individual defendants.
Case 2:11-cv-01901-JLR Document 1 Filed 11/14/11 Page 2 of 15
 
 
Class Action Complaint - 3
H
ILLIS
C
LARK
M
ARTIN
&
 
P
ETERSON
P.S.
1221 Second Avenue, Suite 500Seattle, Washington 98101-2925Telephone: (206) 623-1745Facsimile: (206) 623-7789
12345678910111213141516171819202122232425262728
JURISDICTION AND VENUE
9.
 
This Court has jurisdiction over this action and all the defendants pursuant to28 U.S.C. § 1331 in that this action arises under statutes of the United States, specificallyviolations of the “Wiretap Act”.10.
 
Additionally, this Court has personal jurisdiction over Defendant Facebook pursuant to the Washington RCW § 4.28.185, since Facebook, Inc. transacted business andmade contracts in Washington directly through the website www.facebook.com, violated thelaw within the State of Washington, and otherwise has sufficient minimum contacts with theState of Washington as more particularly described below.11.
 
Defendant Facebook has sufficient minimum contacts such that themaintenance of this suit does not offend traditional notions of fair play and substantial justice.Facebook has voluntarily submitted itself to the jurisdiction of this Court and jurisdiction isproper because, among other things:a.
 
Facebook directly and purposefully obtained, used and misappropriatedpersonal information and information relating to wire and electroniccommunications of 
 
individuals living in Washington, including the Plaintiff and the individual Class members;b.
 
Facebook committed tortuous acts within this state by misappropriatingpersonal information and wire and electronic communications of citizens of Washington and otherwise violating the Wiretap Act and 42 U.S.C. § 1983;c.
 
Plaintiff’s and the Class members’ causes of action directly arise fromFacebook’s commission of tortious and unlawful acts in Washington;d.
 
Plaintiff’s and the Class members’ causes of action directly arise from
Case 2:11-cv-01901-JLR Document 1 Filed 11/14/11 Page 3 of 15
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