Dz Reserve v. Meta Platforms, Inc.

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

DZ RESERVE; CAIN MAXWELL, No. 22-15916 DBA Max Martialis, D.C. No. Plaintiffs-Appellees, 3:18-cv-04978-JD

v.

OPINION

META PLATFORMS, INC., FKA

Facebook, Inc.,

Defendant-Appellant.

Appeal from the United States District Court for the Northern District of California James Donato, District Judge, Presiding

Argued and Submitted September 12, 2023 San Francisco, California

Filed March 21, 2024

Before: J. Clifford Wallace, Sidney R. Thomas, and Danielle J. Forrest, Circuit Judges.

Opinion by Judge Sidney R. Thomas; Partial Dissent by Judge Forrest DZ RESERVE V. META PLATFORMS, INC.

SUMMARY *

Class Certification

The panel affirmed the district court’s order certifying one class of advertisers who paid Meta Platforms, Inc. (Meta) to place advertisements on its social media platforms—the damages class, and vacated the district court’s order certifying another class of advertisers—the injunction class. The advertisers alleged that Meta fraudulently misrepresented the “Potential Reach” of advertisements on its platforms by stating that Potential Reach was an estimate of…