dotStrategy Co. v. Facebook Inc

INTRODUCTION

17 This putative class action alleges that defendant’s representations regarding advertising 18 on its social media platform were deceptive and fraudulent in violation of California’s Unfair 19 Competition Law. A prior order granted defendant’s motion to dismiss plaintiff’s first 20 amended complaint. Plaintiff now moves for leave to file its second amended complaint. The 21 main issue presented here is whether or not a reasonable advertiser would understand 22 Facebook’s representation that it would not charge advertisers for “clicks that are determined 23 to be invalid” to mean that Facebook would not charge — or refund — advertisers for clicks 24 made by fake accounts, if at all, which Facebook identifies and removes from its platform for 25 violating its authenticity policies. This order finds, at least at this early stage, plaintiff has pled 26 sufficient facts to support such a theory. Moreover, the proposed complaint has cured the 27 deficiency identified previously. Accordingly, to the extent stated herein, plaintiff’s motion is GRANTED. STATEMENT Plaintiff dotStrategy Co., a marketing company ran by its…