Rosenman

I. BACKGROUND

27 A. Factual Background 1 Plaintiff alleges that Facebook “is by far the biggest social network in the United States.” 2 ECF No. 1 Exh. B (“Compl.”) ¶ 1. According to Plaintiff, “Ninety-Nine percent of adults in the 3 U.S. that use social media use Facebook.” Id. ¶ 17. Plaintiff alleges that “Facebook itself boasted 4 in 2011 that ‘Facebook is now 95% of all social media.’” Id. ¶ 15. 5 Plaintiff alleges that “Facebook’s popularity gives it wide latitude to set the terms for how 6 its users’ private information is collected, used, and protected and the privacy protections afforded 7 to its users.” Id. ¶ 19. Plaintiff alleges that, as a result, “[c]onsumers effectively face a singular 8 choice: either to use Facebook and submit to the quality and stipulations of Facebook’s product or 9 forgo all use of the only social network used by most of their friends, family, and acquaintances.” 10 Id. ¶ 17. 11 According to Plaintiff, Facebook initially distinguished itself from other social networks 12 on the basis of its privacy practices. Id. ¶ 20. Facebook allegedly “tried to backslide on its privacy 13 commitments, but it faced discipline from competitors that it still…