In re Facebook Privacy Litigation - Uphill Battle for Plaintiffs

http://ow.ly/7T1C7

This is an article by Scott J. Etish posted on the E-Discovery Law Alert website of the law firm Gibbons.

This article discusses a recent suit against Facebook alleging that the social media network if violating privacy rights of users.

The article states, "Plaintiffs asserted that when an advertiser receives a “Referrer Header” from Facebook, which indicates the webpage address the user was viewing before clicking on the advertisement, the advertiser is able to obtain substantial information about a user, including the user’s name, gender and picture. The court explained that in sending these “Referrer Headers,” Facebook “shares users’ personal information with third-party advertisers without users’ knowledge or consent, in violation of [Facebook’s] own policies.”"

The article further explains that the suit is based on violations of the Wiretap Act, and the Stored Communications Act.  The citations for both Acts are provided in the article.  The Court initially has stated the the complaint fails to state a claim that shows a violation of either act but did grant the plaintiff's leave to amend the complaint.  The article states, "Although the court ultimately granted Plaintiffs leave to amend the complaint to replead their allegations, the court’s initial ruling suggests that Plaintiffs will have their hands full convincing the court that this litigation should progress past the pleading stage."