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Potential Class Action Privacy Case Against Facebook Heads to Mediation

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by Beth Graham

Saturday, Jun 06, 2015


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Social media giant Facebook has reportedly agreed to engage in mediation with website users who claim the company violated their right to privacy. In 2013, two Facebook users filed a potential class action lawsuit against the company in the Northern District of California. In their complaint, the users accuse Facebook of violating federal wiretap laws. According to the plaintiffs, Facebook draws information from the private messages of users in order to derive certain information used by the social media platform.

The lawsuit apparently arose after a security researcher who is now employed by the nation’s Federal Trade Commission found that “Facebook interprets links within users’ messages to each other as “Likes,” and includes them in like-counters that appear on publishers’ pages.” Although the company initially asked the California court to dismiss the lawsuit, United States District Court Judge Phyllis Hamilton refused after stating Facebook’s proposed definition of what constitutes intercepting user messages was too narrow. The judge also reserved judgment regarding whether the purported conduct meets the “ordinary course of business” exception to the wiretap law.

As part of an order signed in late May, Facebook and the plaintiffs must mediate their dispute by August 24, 2015. Be sure to check back for more on this interesting case!

Photo credit: FACEBOOK(LET) / Foter / CC BY

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About Beth Graham

Beth Graham earned a Master of Arts in Information Science and Learning Technologies from the University of Missouri-Columbia, and a Juris Doctor from the University of Nebraska College of Law, where she was an Eastman Memorial Law Scholar. Beth is licensed to practice law in Texas and the District of Columbia. She is also a member of the Texas Bar College and holds CIPP/US, CIPP/E, and CIPM certifications from the International Association of Privacy Professionals.

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About Disputing

Disputing is published by Karl Bayer, a dispute resolution expert based in Austin, Texas. Articles published on Disputing aim to provide original insight and commentary around issues related to arbitration, mediation and the alternative dispute resolution industry.

To learn more about Karl and his team, or to schedule a mediation or arbitration with Karl’s live scheduling calendar, visit www.karlbayer.com.

About Disputing

Disputing is published by Karl Bayer, a dispute resolution expert based in Austin, Texas. Articles published on Disputing aim to provide original insight and commentary around issues related to arbitration, mediation and the alternative dispute resolution industry.

To learn more about Karl and his team, or to schedule a mediation or arbitration with Karl’s live scheduling calendar, visit www.karlbayer.com.

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