This is the property of the Daily Journal Corporation and fully protected by copyright. It is made available only to Daily Journal subscribers for personal or collaborative purposes and may not be distributed, reproduced, modified, stored or transferred without written permission. Please click "Reprint" to order presentation-ready copies to distribute to clients or use in commercial marketing materials or for permission to post on a website. and copyright (showing year of publication) at the bottom.

Consumer Law
Unfair Competition
Electronic Funds Transfer Act

I.B., by and through his guardian ad litem Bryan Fife, Glynnis Bohannon, J.W., by and through his guardian ad litem Steven Wright, and Julie Wright v. Facebook Inc.

Published: Jan. 18, 2014 | Result Date: Dec. 20, 2013 | Filing Date: Jan. 1, 1900 |

Case number: 4:12-cv-01894-CW Bench Decision –  Dismissal in part

Court

USDC Northern


Attorneys

Plaintiff

John R. Parker Jr.
(Cutter Law PC)

Daniel B. Edelman

Curtis Cutter


Defendant

Whitty Somvichian
(Cooley LLP)

Kristine Anne Van Hamersveld


Facts

I.B. and J.W. were two minor children who filed suit against Facebook Inc. through their guardians, Bryan Fife and Steven Wright. They sought to receive refunds for several purchases that the minors made through their Facebook accounts. After the children made hundreds of dollars' worth of purchases using their parents' credit and debit cards, Facebook refused to refund the purchases.

Contentions

PLAINTIFF'S CONTENTIONS:
Plaintiffs asserted causes of action for declaratory judgment, violation of California's Unfair Competition Law, and violation of the federal Electronic Funds Transfer Act.

DEFENDANT'S CONTENTIONS:
Defendants moved to dismiss, arguing that the court lacked subject matter jurisdiction and that plaintiffs had failed to state a claim.

Result

The court dismissed plaintiff's UCL claims and their EFTA claims, but found plaintiffs had standing and a valid claim for declaratory judgment.


#100216

For reprint rights or to order a copy of your photo:

Email jeremy@reprintpros.com for prices.
Direct dial: 949-702-5390