In Re Facebook PPC Advertising Litigation

Good Law

709 F. Supp. 2d 762·2010 WL 1746143·2010 U.S. Dist. LEXIS 39776

United States District Court, Northern District of CaliforniaApril 22, 2010Case 5:09-cv-03043-JF, 5:09-cv-03430-JF, 5:09-cv-03519-JFCalifornia3,810 words

Opinion

Fogel, J.

ORDER GRANTING IN PART AND DENYING IN PART MOTION TO DISMISS AND DENYING MOTION TO STRIKE

Defendant moves to dismiss Plaintiffs’ complaint pursuant to Fed.R.Civ.P. 12(b)(6) for failure to state a claim upon which relief may be granted and to strike portions of the complaint pursuant to Fed. R.Civ.P. 12(f). The Court has considered the moving and responding papers and the oral argument of counsel presented at the hearing on March 5, 2010. For the reasons discussed below, the motion to dismiss will be granted in part and denied in part, with leave to amend. The motion to strike will be denied.

I. BACKGROUND

This putative class action arises out of individual contracts between Defendant Facebook PPC (“Defendant”) and Plaintiffs RootZoo, Inc., Matthew Smith, and Steven Price (collectively, “Plaintiffs”). Defendant operates a popular social networking website: www.facebook.com. Complaint ¶ 20. Plaintiffs individually entered into contracts with Defendant for advertising on the website. Complaint ¶¶ 50, 60, and 69. Plaintiffs’ advertisements appeared alongside Defendant’s social networking content. Complaint ¶ 24.

To place an advertisement on Defendant’s website, a potential…

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