Vargas

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 ROSEMARIE VARGAS, et al., Case No. 19-cv-05081-WHO

Plaintiffs,

ORDER GRANTING MOTION TO

v. DISMISS

FACEBOOK, INC., Re: Dkt. No. 64 Defendant.

Plaintiffs’ Second Amended Complaint (SAC) asserts claims under the federal Fair Housing Act (FHA) and analogous California and New York laws challenging defendant Facebook, Inc.’s former practice of allowing advertisers to self-select target audiences for their housing advertisements (ads), theoretically excluding protected classes of consumers from seeing those advertisers’ particular housing ads. Facebook moves to dismiss, arguing that (i) plaintiffs lack standing because they fail to identify any facts about their use of Facebook to search for housing ads sufficient to plausibly allege injury in fact, (ii) Facebook’s publishing conduct is protected and immune under Section 230 of the Communications Decency Act (CDA), and (iii) plaintiffs fail to state their claims under the FHA,…