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)
Defendant
Whitty Somvichian
(Cooley LLP)
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.
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