Sonal Mittal Tolman
Wilson Sonsini Goodrich & Rosati
On November 17, 2017, Northern District of California District Court Judge Edward J. Davila dismissed the massive multidistrict tracking litigation against Facebook for the third and final time. In re Facebook Internet Tracking Litigation, No. 5:12-md-02314-EJD, 2017 WL 5525895 (N.D. Cal. Nov. 17, 2017). Judge Davila held the plaintiffs, who accused Facebook of tracking users’ browsing activity after they signed off, failed to identify any contract that prohibited such practices.
Plaintiffs alleged that Facebook tracked users’ web browsing activity across third-party websites while the users were logged out of their Facebook accounts. They originally asserted a variety of common law, tort, and statutory claims. After two earlier rounds of motions to dismiss in which the majority of the plaintiffs’ claims were dismissed with prejudice, plaintiffs filed their Third Amended Complaint which asserted claims for breach of contract and breach of the duty of good faith and fair dealing. 2017 WL 5525895, at *1-2.
Given that Plaintiffs’ failure to cure these defects in their complaint after multiple leaves to amend, Judge Davila dismissed the remaining claims in the action with prejudice. 2017 WL 5525895, at *6. Plaintiffs have since appealed the dismissal to the Ninth Circuit. In Re: Perrin Davis, et al., v. Facebook, No. 17-17486 (9th Cir. Dec. 15, 2017).