Smith v. Facebook, Inc.
Opinion
Lead Opinion
Davila, J.
ORDER GRANTING DEFENDANTS’ MOTION TO DISMISS
Re: Dkt. No.
Plaintiffs allege that the Healthcare Defendants 1 disclosed information about Plaintiffs’ web browsing activity to Defendant Facebook, Inc. Defendants move to dismiss under Fed. R. Civ. P. 12(b)(1), 12(b)(2), and 12(b)(6). Defendants’ motion will be GRANTED -because this Court lacks personal jurisdiction over the Healthcare Defendants and because Plaintiffs consented to Facebook’s conduct.
I BACKGROUND
A. The Parties
The Healthcare Defendants operate websites that publish information about medical conditions and treatments. Compl. ¶¶ 2-3, 107-206, Dkt. No. 1. For instance, visitors to http://www.cancer.net/ (operated by Defendant American Society of Clinical Oncology) can.read articles on topics.like cancer treatment, types of cancer, and recent research in the field.
Facebook is a “free social networking service that -allows people to connect and share content.” Defs.’ Mot. to Dismiss (“MTD”) 1, Dkt. No. 96. It makes money by letting third parties show adé to its users. Id. To improve ad targeting, it “collects information about people’s browsing activities, mainly on Facebook but also on third-party websites…