In re Facebook Internet Tracking Litigation
Opinion
Lead Opinion
Davila, J.
*840 ORDER GRANTING DEFENDANT’S MOTION TO DISMISS
Plaintiffs allege that Defendant Face-book, Inc. violated their privacy by tracking their browsing activity on third-party websites. This Court previously granted Facebook’s motion to dismiss, with leave to amend, for lack of standing and failure to state a claim. Plaintiffs filed an amended complaint, and Facebook now moves to dismiss. Facebook’s motion will be GRANTED.
I. BACKGROUND
Facebook operates a social networking website. 1 Second Am. Consolidated Class Action Compl. (“SAC”) ¶ 16, Dkt. No. 93. Third-party websites can embed Facebook “like” buttons to let users share content on Facebook — for instance, CNN can embed “like” buttons on news articles that it publishes on http://www.cnn.com/ to let users share content with their Facebook friends. Id. ¶ 49. To make the “like” button appear on the page, CNN embeds a small code snippet that Facebook provides. Id. That code snippet causes the user’s browser to send a background request to Facebook’s servers. Id. That request includes, the URL of the page where the “like” button is embedded, as well as the contents of “cookies” — small text files — that Facebook has stored on…