12345678910111213141516171819202122232425262728 2FIRST AMENDED CONSOLIDATEDCLASS ACTION COMPLAINTNo. 5:12-md-02314-EJD
NATURE OF THE ACTION
This class action lawsuit, seeking in excess of $15 billion in damages andinjunctive relief brought by, and on behalf of, similarly situated individuals domiciled in theUnited States who had active Facebook, Inc. (“Facebook” or the “Defendant”) accounts from May27, 2010 through September 26, 2011 (the “Class Period”), arises from Facebook’s knowinginterception of users’ internet communications and activity after logging out of their Facebook accounts in violation of state and federal laws.
JURISDICTION AND VENUE
This Court has personal jurisdiction over Defendant Facebook because Facebook isheadquartered in this District.3.
This Court has subject matter jurisdiction over this action and Defendant Facebook pursuant to 28 U.S.C. § 1331 because this action arises in part under federal statutes, namely theFederal Wiretap Act, 18 U.S.C. § 2511 (the “Wiretap Act”), the Stored Communications Act, 18U.S.C. § 2701 (“SCA”) and the Computer Fraud and Abuse Act, 18 U.S.C. § 1030 (the “CFAA”)and pursuant to 28 U.S.C. § 1332(d) because the amount in controversy exceeds $5,000,000.4.
Venue is proper in this District because Defendant Facebook is headquartered inthis District. In addition, The Facebook Statements of Rights and Responsibilities in force duringthe Class Period, which governs the relationship between Facebook and its users, provides forexclusive venue in state or federal courts located in Santa Clara County, California.
Plaintiff Mrs. Perrin Davis (“Davis”) is an adult domiciled in Illinois. Davis had anactive Facebook account during the entire Class Period, which Facebook utilized to track andintercept her specific electronic activity and communications.6.
Plaintiff Prof. Cynthia Quinn (“Quinn”) is an adult domiciled in Hawaii. Quinnhad an active Facebook account during the entire Class Period, which Facebook utilized to track and intercept her specific electronic activity and communications.7.
Plaintiff Dr. Brian Lentz (“Lentz”) is an adult domiciled in Virginia. Lentz had anactive Facebook account during the entire Class Period, which Facebook utilized to track and
Case5:12-md-02314-EJD Document33 Filed05/17/12 Page2 of 46