Campbell v. Facebook, Inc. et al
Filing
1
COMPLAINT with Jury Demand against Facebook, Inc. and Does 1 Through 10, ( Filing fee $ 350 receipt number 2008749), filed by Stephanie Campbell.(tg)
IN THE UNITED STATESDISTRICT COURT
FoR wEsrERN
rHB
DrsrRrcr ARKA*r,$ftyfrHl?HLf,^._?.Hf,
oF
'rD,"rDr\.t\
FAYETTEVILLEDIVISION
F'ACI]T]OOK,
INC
Serve
at:
1601 CaliforniaAve.
S.
PaloAlto, CA 94304
ffi:d#"r*{*As.
F:SV| rutl
?
STEPHANIE CAMPBELL
PLAINTIFF
lndividually and on Behalf of All
OthersSimilarly Situated,
Plaintiffs.
'
R.
,cgys roHlvsoN,#
DeputyOerk
caseNo: S ^bb
/l-
JURY TRIAL DEMANDEI}
DOESI THROUGH10,
Defbndants.
CLASSACTION COMPLAINT
Plaintiff,on behalfof herself all others
and
similarlysituated,
alleges avers follows:
and
as
INTRODUCTION
L
This class action arises out of improper and unlawful actions by the Defendantswho
participatedin a schemeto intercept,endeavorto intercept,or procure the PlaintifTand
the Classmembers'personalinformationas prohibited by law.
2.
Plaintiff and the Classmembersare individuals who subscribe the online social media
to
siteFacebook.
a
J -
Facebook maintains personal information pertaining to each individual as well as
monitorsthe individual online habitsof its userskeepingtrack of websites
they visit.
4.
Upon obtaining personal information and/or wire or electronic communicationsof the
Plaintiff, Facebook conspired to use said information for target marketing which
pertainedto the Plaintiff and the individual Classmembers,
over the Internet.
5.
Such conductwas committed in violation of
'l'itle
III of the Omnibus Crime Control and
Safe StreetsAct of 1968 as amendedby the Electronic CommunicationPrivacy Act of
1986,l8 U.S.C.$ 251l, et seq.(the"Wiretap Act").
PARTIES
Plaintiffs
6.
Plaintiff Stephanie Campbell is an individual who resides at 73 Woodridge Road,
Rogers, Benton County, AR 72756.
Upon information and belief, Defendants
intercepted,
collectedand storedpersonalinformationfrom Plaintiffl
Defendants
7.
Def'endantis a company organized and existing under the laws of Delaware with is
principal placeof business 1601S. California Ave. Palo Alto, California. 94304. Upon
at
infbrmation and belief, Facebook, Inc. owns and/or operates websites including
www.fhcebook.com,
which offer online social interactionand picture storage.
8.
Defendants Doe 1 through l0 are the remaining directors, employees, agents, or
contractors Facebookthat are yet to be namedand whose identity will becomeknown
of
through discovery and/or by requestsmade by PlaintifT or the membersof the plaintiff
class,afler which suchremaininedefendants
will be addedas individual defendants.
JURISDICTION AND VENUE
9.
This Court hasjurisdiction over this action and all the defendants
pursuantto 28 U.S.C. {i
l33l in that this action arisesurder statutesof the United States,specifically violations
of the "Wiretap Act".
2
10.
jurisdiction over DefcndantFacebook,
Additionally, this Court has personal
Inc. pursuant
to the Arkansaslong-arm statute,A.C.A. $ 16-4-101,since Facebook,Inc. transacted
business and
made
www.facebook.com,
contracts in
Arkansas directly
through
website
the
violated the law within the stateof Arkansas,and otherwischas
sufficient minimum contactswith the state of Arkansas as more particularly described
below.
Il.
DefendantFacebook,Inc. has sufficient minimum contactssuch that the maintenance
of
justice. Facebook
this suit doesnot offend traditionalnotions of fair play and substantial
has voluntarily submitteditself to the jurisdiction of this Court and jurisdiction is proper
because,
amongother things:
a. Facebook, Inc. directly and purposefully obtained, misappropriatedand used
personal information and/or information relating to
wire
or
electronic
communicationsof individuals living in Arkansas,including the Plaintiff and the
individual Classmembers;
b.
Facebook, Inc. committed tortuous acts within this state by misappropriating
personal information and/or wire or electronic communicationsof citizens of
Arkansas
violatingthe WiretapAct and42 U.S.C.g 1983;
and otherwise
c.
Plaintiff s and the Classmembers'causes action directly arisefrom
of
Facebook'scommissionof tortious and unlawful actsin Arkansas:
d.
PlaintifFs and the Classmembers'causes action directly arisefrom
of
Facebook'stransaction business Arkansas;
of
in
Facebook,
Inc. shouldreasonably
anticipatebeing haledinto court in
Arkansas to answer for its unlawful acts. Arkansas has a strong interest in providing
a fbrum for its residents
aggrievedby violationsof the law.
T2,
Venue is proper in this District pursuant 28 U.S.C. $ l39l(c) because substantial
to
a
amount of the acts and omissions giving rise to this cause o1-action occurred in the
Westernl)istrict of Arkansas.
GENERAL ALLEGATIONS
13.
DefendantFacebook,Inc. operatesa website,www.facehook.com,
which is primarily a
socialnetworking site.
14.
In conductingits business,
Facebook,Inc. aggregates
data on individual membersof the
public and usesthat information in furtherance marketingand advertising.
of
15.
Facebook tracks, collects and stores wire or electronic communicationsof its users,
including but not limited to their Internetbrowsing history.
t6.
Leadingup to September 201l, Facebook
23,
tracked,collected
and storedits users'wire
or electronic communications,including but not limited to portions of their Internet
browsinghistory even when the userswere not logged-into Facebook.
t7.
Plaintiff did not give consentor otherwiseauthorizeFacebookto intercept,track, collect
and storeher wire or electroniccom[runications,including but not limited to her Internet
browsinghistory when not logged-into Facebook.
18.
The electronicinformation procuredby Facebook,Inc. while Plaintiff was not logged-in
to Facebookcontainedpersonalinformation and/or wire or electroniccommunications
of
the Plaintiff.
19.
At all times material, Defendant knew, or reasonablyshould have known, that their
actions violated clearly established statutory rights of the Plaintiff and the Class
members.
CLASS ACTION ALLEGATIONS
20.
This action is properly brought as a plaintilf class action pursuantto Fed. R. Civ. P.
23(bX3). Plaintiff brings this action on her own behalf and all others similarly situated,
as representative the following classand subclass:
of
All individuals in the United Stateswho subscribe Facebookand whose
to
electronic internet information was interceptedby Facebook when the
individualswere not logged-into Facebook.
Excluded from the Class are (l) any individual defbndantwho opts out of the class;(2)
any memberof the immediatef'amily of any individual defendant;
and/or (3) any member
of the r-urdersigned
attorney'simmediatefamilies.
2r.
The particular members of the Class are capable of being describedwithout difficult
managerial administrative
or
problems. The membersof the Classare readily identifiable
from the infbrmationand recordsin the possession control of the defendants.
or
22.
'l'he
Classmembersare so numerous
that individualjoinder of all membersis impractical.
This allegation is based upon information and belief that Defendant interceptedthe
personalinformation of millions of Facebookusers of which there are more than 150
million in the United States.
LJ,
There are questionsof law and fact common to the Class,which questionspredominate
over any questions affecting only individual members of the Class, and, in fact, the
wrongs sufferedand remediessoughtby Plaintiff and the other membersof the Classare
premised upon an unlawful schemeparticipated in by all defendants, 'fhe principal
common issuesinclude,but are certainlynot limited to the following:
a. The natureand extentof the Defendant'sparticipationin interceptingthe
and/orwire or electroniccommunications classmembers;
of
b.
Whetheror not the interceptionof wire or electroniccommunications
was
intentional;
c.
Whetheror not Defendantshouldbe enjoinedfrom interceptingany wire or
without the consentof its users;
electroniccommunications
d.
Whetherthe actionstaken by Defendantin interceptingthe wire or electronic
of
communications classmembers
violate the Wiretap Act;
e.
J'he nature and extent to which the wire or electroniccommunicationsof Class
memberswas unlawfully intercepted,
tracked,storedor used;
f.
The nature and extent to which Def'endantswere unjustly enriched by their
actions;
g.
The nature and extent to which Defendantsintruded upon the seclusionof Class
members
h.
The nature and extent to which Defendants committed a trespass to Class
members'personalpropefty
i.
The natureand extentof the Classmembersactualdamages;
j.
The nature and extcnt of all statutory penalties or damages for which the
are
Defendant liable to the Classmembers;and
k.
24.
Whetherpunitive damages appropriate.
are
PlaintifT's claims are typical of those of the Class and are basedon the same legal and
lactual theories.
25.
Plaintiff will lairly and adequately
representand protect the interestsof the Class. She
has suffered injruy in her own capacity from the practicescomplainedof and is ready,
willing and able to serve as class representative. Moreover, PlaintifTs counsel is
6
experienced in handling class actions and actions involving unlawful commercial
practices. Neither Plaintiff nor her corursel
has any interestthat might causethem not to
vigorously pursuethis action.
26.
of
Certif,rcation a plaintiff class under Fed. R. Civ. P. 23(bX3) is appropriatein that
Plaintiff and the Classmembersseekmonetarydamages,
predominate
common questions
over any individual questions,and a plaintiff class action is superior fbr the lair and
efficient adjudicationof this controversy. A plaintiff class action will causean orderly
and expeditiousadministrationof the Class members' claims and economiesof time,
effort and expense will be fostered and uniformity of decisions will be ensured.
Moreover,the individual classmembersare unlikely to be awareof their rights and not in
a position (either through experienceor financially) to commenceindividual litigation
againstthe likes of the defendants.
27.
Alternatively, certificationof a plaintiff classunder Fed. R. Civ. P. ?3(bXl) is
appropriate in that inconsistent or varying adjudications with respect to individual
members of the Class would establish incompatible standards of conduct fbr the
defbndants adjudications
or
with respect individual membersof the Classas a practical
to
matter would be dispositive of the interestsof the other members not parties to the
adjudications or would substantially impair or impede their ability to protect their
interests.
COUNT I
(Violation of the Wiretap Act)
28.
Plaintiff incorporates precedingparagraphs though fully set forth herein.
all
as
29.
As described herein, Facebook, Inc. intentionally intercepted and collected wire or
electroniccommunications
from its users.
30.
Inc. interceptedand collected information from its users without
At times, h'acebook,
their consentwhile the userswere not logged-into Facebook.
31.
The transmission of data between Plaintiffs computer and the Internet constitute
"electronic
communication"
within the meaning l8 U.S.C.$ 2510(12).
of
32.
Facebook'sdata collection practicesas described
herein constitute"interceptions"within
the meaning $ 2510(4).
of
JJ.
As a direct and proximateresult of suchunlawful conduct,Defbndantviolated l8 U.S.C"
$ 251I in that the Defbndants:
a. Intentionally intercepted,
endeavored intercept,or procuredanotherperson
to
to interceptwire and/orelectroniccommuricationsof the Plaintiff;
b . Upon belief predicated upon fuither discovery, intentionally disclosed or
endeavored discloseto anotherpersoil the contentsof Plaintitl's wire or
to
electronic communications, knowing or having reason to know that the
information was obtained through the interception of wire or electronic
communications violationof l8 U.S.C.g25l l(l)(a).
in
Upon belief predicated upon further discovery, intentionally used or
endeavored to use the contents of
Plaintiff s wire
or
electronic
communications,knowing or having reason to know that the information
through the interceptionof wire or electroniccommrurications violation of
in
.
1 8u . S . C9 2 5 1 1 ( l X a ) .
34.
FacebookInc.'s actions describedin tl33 occurredwithout the consentof Plaintiff and
violated FacebookInc's own Privacy Policy per the following promisesit madeto users:
a.
"We
receivedatawheneveryou visit a....website
that usesFacebook
Platform or visit a site with a F-acebook
feature....This
mav includethe
dateand time you visit the site; the web address, URL, you'reon;
or
informationaboutthe IP address,
technical
browserand the operating
your User ID."
systemyou use; and,if you are logged in to Facebook,
FacebookData UsePolicy, availableat
http://www.facebook.com/fulldata use policy as of October4,201I and
lastupdated
September 2011.
23,
b.
"Does Facebook
usecookiesifI don't have an accountor have loggedout
of my account?When you log out of Fasebook, removethe cookies
we
that identify your particularaccount,but we do use other cookiesprimarily
to help keepyou and otherson Facebooksafeand secure.
For example,we
use cookiesto identify and disablethe accounts spammers
of
and phishers,
to prevent people who are underagefrom signing up with a false birth
date,to help you recoveryour accountif you lose access it or it's
to
to
compromised, power our opt-in securityf'eatures
like Login
Notifications and Login Approvals,and to help identify public computers
so that we can discourage
peoplefrom using "Keep me logged in." We
may alsouse anonymizedor aggregate
informationto improve our
products.We also usecookiesif you don't have a Facebookaccount,but
have visited facebook.com.
Again, thesecookieshelp us protectFacebook
and the peoplewho use it from maliciousactivity. For example,they help
us detectand preventdenial-of'-service
attacksand the masscreationof
fake accounts.
We do not usethesecookiesto createa profile of your
browsingbehavioron third-party sites.FacebookFrequentlyAsked
stions,availableat permalink:
Que
https://www.facebook.com/help/?faq=2395307727657
I 3#DoesFacebook-use-cookies-i1--I'don't-have-an-account-or-have-loqged-out-ofmv-accqwtt? October4,2011; and
on
"What information
doesFacehook
receivewhen I visit a site with the Like
button or anothersocialplugin?.....If you're logged out or don't have a
Facebookaccountand visit a websitewith the Like button or another
social plugin, yow browsersendsus a more limited set of information.For
you're not loggedin to Fagebook, don't receiveyour
example,because
we
user ID." FacehookFrequentlyAsked Questions,
availableat permalink:
https://www.facebook.comArelp/?faq:293 I 23997323#What506
information-does-Facebook-receive-when-I-visit-a-site-with-the-Likebutton-or-another-social-plugin? October4, 20I1.
on
35.
Facebook Inc.'s actions describedin 1133
occurred without the consent of Facebookaffiliated websites,including, for example,the websitesfor the New York Times and
WashingtonPostnewspapers, that:
in
a. The interception and collection of infbrmation describedin this paragraph
caused New York Times to violate its own Privacy Policy for its websites,
the
including www.nytimes.com,
which infbrms readers
:
"If you have registered
online for one of our sites,The New York
will not sell, rent, swapor authorizeany third party to useyour
fimes
e-mail address
without your permission.This also appliesto any
rnformationthat personallyidentifiesyou, exceptas noted
immediatelvbelow:" and
"NYTimes.com will not
sharepersonalinformationaboutyou as an
rndividualto third partieswithout your consent."
http://www.nvtimes.com/content/help/rishts/privacv/hiqhliqhts/privac
y-hiehliehts.html
b. The interceptionand collection of information describedin this paragraph
causedthe WashingtonPostto violate its own Privacy Policy for its websites,
including www. washingtonpost.
com, which informs readers
:
Do other companiesor peoplehave access personallyidentifiable
to
information I provide to washingtonpost.com?
When you are on an areaof washingtonpost.com are askedlbr
and
personallyidentifiableinformation,you areproviding that informationto
The WashingtonPost Company,its divisionsor affiliates,or vendors
providing contractual
servicesfor washingtonpost.com
(suchas hosting
vendorsand list managers). personallyidentifiable infbrmationis being
If
providedto and"/or
maintainedby any companyother than these,our
policy is that we will not transferthat personallyidentifiableinformation
unlessnotice is given prior to transfer.If you do not want your
informationto be shared,
you can choosenot to allow the transferby not
usingthat particularserviceor by expressing
this preference,
ifrequested.
http://www.washinetonpost.com/wp-srv/interacVloneterm/talldmembers.htm
36.
Regardlessof the consent alleged by F-acebook,
Inc. from Plaintiff or the Facebookaffiliated websites,such consentwas not valid because
FacebookInc.'s actionsdescribed
herein were fbr the purposeof committing tortuous acts in violation of the laws of the
l0
United States or of any State. In taking its actions, Facebook, Inc. committed the
following tortious actsallegedin this petition:
a. Unjust enrichment
b. Intrusionupon plaintiff s seclusion;
c. Trespass personalproperty;
to
Jt.
As a result of the aboveviolations and pursuantto 18 U.S.C. $ 2520, Defendantis liable
to Plaintiff and the Class in the sum of statutorydamagesconsistingof the greaterof
$100 for each day each of the class members' data was wrongfully obtained or
$10,000.00 per violation; iniunctive and declaratory relief; punitive damages in an
amount to be determinedby a jury, but sufficient to preventthe sameor similar conduct
by Facebook in the firture, and a reasonableattorney's f'ee and other litigation costs
reasonable.
COUNT III
(Unjust cnrichment)
37.
PlaintifTincorporates preceding
paragraphs though fully set forth herein.
all
as
38.
Plaintiff conferreda benefit on Defendantwithout Plaintiff s consent"
namelv access
ro
her wire or electroniccommunications
over the lnternet.
39.
Llpon information and belief, Defendant
realizedsuchbenefitsthrough either salesto
third-partiesor greaterknowledgeof its own users'behaviorwithout their consent.
40.
Acceptance
and retentionof suchbenefit without Plaintiff s consentis unjust and
inequitable.
COUNT IV
(Intrusion upon seclusion)
41.
Plaintitf incorporatesall precedingparagraphsas though fully set forth herein,
ll
42.
In interceptingPlaintiff s wire and electroniccommunications the Internet,
on
Defendants
intentionallyintrudedupon her solitudeor seclusion.
43. Plaintiff did not consentto Defendant'sintrusion.
44. Defendant'sintentionalintrusion on Plaintiff s solitudeor seclusionwithout her consent
would be highly offensiveto a reasonable
person.
COUNT V
(Trespassto Personal Property)
45.
Plaintiff incorporates precedingparagraphs though set lbrth herein.
all
as
46.
Def'endant,
intentionallyand without consentor other legaljustification, tracked
Plaintiff s activity while the Plaintiff was logged-offof the websiteFacebook.com,
and,
in the proccss,
Plaintiff s personallyidentifiableinfbrmationto her specific
connected
actionson the Internet.
47.
Defendant,intentionallyand without consentor other legaljustification, placedcookies
on Plaintiffs computerswhich trackedher activity while logged-offof Facebook.
48.
Def-endant's
intentionaland unjustitiedplacing of a cookie designed track Plaintiff s
to
Internetactivitieswhile logged-offof Facebookand actualtracking of Plaintiff s
activitiesinterferedwith Plaintiff s use of the following personalpropertyowned by the
PlaintifT':
a. PlaintifT'scomputer;and
b. Plaintiff.s personallyidentifiableinfbrmation
PRAYERFOR DAMAGES
WHEREFORE, Plaintiff,on bchalfof herselfand all members the Classrespectfully
o1
prays
for judgment
against defendants follows:
the
as
a)
For an order certifying that this action may be maintainedas a classaction under Fed. R.
l2
Civ. P. 23(bX3) or, in the alternative,Fed. R. Civ. P. 23(bxl) and appointing Plaintiff
notice of this action
and her corursel, represent Classand directing that reasonable
the
to
be given to all other membersof the Classas necessary appropriate;
and
b)
I'or a declaration the Defendants'
that
actions
violatedthe l8 U.S.C.2511et seq,;
c)
For a declarationthat the Defendants,through their actions and misconductas alleged
above, have been unjustly enriched and an order that Defendantsdisgorge such unlawful
gainsand proceeds;
d)
For a declarationthat the Def'endants,
through their actions and misconductas alleged
above, have intruded upon Class members' seclusionand an order assessing
damages
againstDefendants suchviolations;
for
d)
For a declarationthat the Defendants,through their actions and misconductas alleged
above, have committed trespassupon the personal property of Plaintiff and an order
assessing
damagesagainstthe Defendantsfor violations of Plaintiff s personalproperty
rights;
r)
For all actual damages,statutory damages,penalties, and remedies available lbr the
defbndants'
violations 18 U.S.C.
251I et seq.;
of
g)
That judgment be enteredagainstDefendantfor statutorydamages
pursuantto l8 U.S.C.
$2520(cX2XB);
h)
That judgment be enteredagainstDefendantfor statutorydamages
pursuantto 18 U.S.C.
$2s20(b)(2);
i)
That Plaintiff and the Classrecoverpre-judgmentand post-judgment
interestas permitted
by law;
i)
For an award to Plaintiff and the Class of their reasorrable
attorneys' fees and other
I3
litigationcostsreasonably
incurredpursuant 18 U.S.C.$2520(bX3);
to
k)
That the court enter an order granting Plaintiff and the Class a preliminary and permanent
injunction restraining and enjoining Defendant from any act to intercept electronic
infarmation from its users when they are not logged in and from disclosing any of the
infbrmationalreadyacquiredon its servers;
r)
That the Court grant such other and fuither relief as may be just and proper;
JURY DEMAND
Plaintiff demands
that all issuesso triable in this Complaintbe tried to a jury.
Datcdthis lSth day of November,
2011.
DAVIS & ASSOCIATBS. P.A.
BrianCampbell, Bar#2007069
Ar.
Street
1?0Commercial
P.O.Drawer
5
Springdale,
AR72765
Tclephone:
(479)751-33I 4
Fax:(479)751-2183
L4
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?