Holt

Holt v. Facebook, Inc.

Good Law
240 F. Supp. 3d 1021·2017 WL 1100564·2017 U.S. Dist. LEXIS 65538
United States District Court, Northern District of CaliforniaMarch 9, 2017Case No.16-cv-02266-JSTCalifornia6,952 words

Opinion

Lead Opinion

Tigar, J.

ORDER GRANTING IN PART AND DENYING IN PART MOTION TO DISMISS

Re: ECF No.

Before the Court is Defendant Face-book, Inc.’s Motion to Dismiss Plaintiffs First Amended Complaint under Federal Rule of Civil Procédure 12(b)(6). ECF No. 36. Plaintiff Christine Holt has filed an opposition. ECF No. 39. The Court will grant the motion in part and deny it in part.

I. BACKGROUND

For the purpose of deciding this motion, the Court accepts as true the following allegations from Plaintiffs First Amended Complaint (“FAC”), ECF No. 29. See Navarro v. Block, 250 F.3d 729, 732 (9th Cir. 2001).

Defendant Facebook, Inc. operates an online social network of more than 1.5 billion users. FAC ¶¶ 1, 12. Access to the social network is free, and Facebook relies almost exclusively on advertising to generate revenue. Id. ¶ 2. In order to increase the effectiveness of its advertisements, Fa-cebook collects an array of personal information from its users, including their physical location, browsing histories, and telephone numbers. Id. ¶ 13. To promote user interaction with the platform, Face-book sometimes sends its users automated text messages encouraging them to post status updates. Id. ¶ 37-38. One…

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