Northern District Finds Certain Terms in Facebook’s Click-Through Contracts Ambiguous for Purposes of 12(b)(6)

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Judge Jeremy Fogel of the Northern District of California granted in part a defendant’s 12(b)(6)motion to dismiss in In re Facebook Advertising Litigation, 2010 WL 3341062 (N.D. Cal. Aug. 25, 2010).  Plaintiffs RootZoo, Inc. (“RootZoo”), Steven Price (“Price”), and Matthew Smith (“Smith”) (collectively, “Plaintiffs”) filed a putative class action arising out of individual contracts between Plaintiffs and Facebook (“Defendant”). Id. *1. RootZoo, Price, and Smith individually entered into “click-through” contracts with Defendant for advertising on its website. Id. Read the rest of this entry »