In re Facebook Privacy Litigation

*1055 ORDER GRANTING IN PART AND DENYING IN PART FACEBOOK’S MOTION TO DISMISS

Re: Dkt. No. 243, 293

Plaintiffs Katherine Pohl and Wendy Marféo bring this putative class action against Facebook, Inc. for breach of contract and fraud. Facebook moves to dismiss for lack of Article III standing. Dkt. No. 243. Plaintiffs oppose the motion. Dkt. No. 270. Facebook filed a reply, and plaintiffs filed a surreply. 1 Dkt. Nos. 281, 293-1. A hearing was held on December 18, 2015. Having considered the parties’ arguments, the court grants Facebook’s motion to dismiss for lack of standing as to Ms. Pohl and denies Facebook’s motion to dismiss fon lack of standing .as to Ms. Marfeo.

I. BACKGROUND

Facebook provides social networking services to its users free of charge. Dkt. No. 227, TAC ¶¶10, 11. Facebook users must register on the website using their real names. Id. ¶12. After registering, users may then post other personal information to a Facebook profile page. Id. ¶ 13. Facebook generates revenue through advertising. Id. ¶ 18. Facebook is able to target ads to particular demographics using the personal information provided by *1056 its registered users. Id ¶¶ 26-27. Targeted advertising…