Letizia

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

Presently before the Court is Defendant Facebook, Inc.’s (“Facebook”) motion to dismiss Plaintiffs’ consolidated class action complaint. ECF No. 46 (“Mot.”). Plaintiffs timely opposed the motion, ECF No. 54 (“Opp’n”), and Facebook timely replied, .ECF No. 56 (“Reply”); Facebook also filed a request for judicial notice in support of its motion to dismiss. See ECF No. 47. The Court heard oral arguments on Facebook’s motion and request on June 19, 2017. See ECF No. 61. After carefully considering the parties’ written and oral- arguments, the Court hereby GRANTS IN PART and DENIES IN PART Facebook’s motion and request for judicial notice for the reasons set forth below.

I. BACKGROUND

The following factual allegations are taken from Plaintiffs’ Consolidated Amended Class Action Complaint, ECF No. 34 (“Compl.”),, unless otherwise stated, and are therefore accepted as true for the purposes of this motion. See Bell Atlantic Corp. v. Twombly, 550 U.S. 544, 555-56 , 127 S.Ct. 1955 , 167 L.Ed.2d 929 (2007).

Facebook, Inc. operates Facebook.com, a social media service with 1.79 billion monthly active users. Compl. ¶¶…