In re Facebook Internet Tracking Litig.
Opinion
Lead Opinion
Davila, J.
Plaintiffs' third amended complaint alleges that Defendant Facebook, Inc. violated its contractual obligations by tracking logged-out Facebook users on third-party websites. Facebook now moves to dismiss for the third time. Facebook's motion will be granted.
*918 I. BACKGROUND
In this putative class action, Plaintiffs allege that Facebook improperly tracked the web browsing activity of logged-out Facebook users on third-party websites. 1 Third Am. Compl. ("TAC"), Dkt. No. 157. Plaintiffs previously asserted a variety of common law claims and claims for violations of federal and state statutes. After two rounds of motions to dismiss, this Court dismissed the majority of Plaintiffs' claims with prejudice for lack of standing and for failure to state a claim. Order Granting Def.'s Mot. to Dismiss ("MTD Order"), Dkt. No. 148. This Court granted leave to amend only as to Plaintiffs' claims for breach of contract and breach of the duty of good faith and fair dealing. Id. Plaintiffs timely filed their third amended complaint. Facebook now moves to dismiss under Fed. R. Civ. P. 12(b)(6) and 15(c). Def.'s Mot. to Dismiss ("MTD"), Dkt. No. 162.