Sandra O'Hara-Harmon v. Facebook Inc.
Published: Oct. 11, 2019 | Result Date: Aug. 20, 2019 |Case number: C 19-cv-00601 WHA Bench Decision – Dismissal
Judge
Court
USDC Northern District of California
Attorneys
Plaintiff
Defendant
Matan Shacham
(Keker, Van Nest & Peters LLP)
Kristin E. Hucek
(Keker, Van Nest & Peters LLP)
Facts
Sandra O'Hara-Harmon filed a lawsuit against Facebook Inc. in relation to the censoring of her advertisements on Facebook.
Contentions
PLAINTIFF'S CONTENTIONS: Plaintiff contended that she paid Facebook for advertisements but the advertisement did not circulate. Plaintiff contended she spoke with a person she believed to be a Facebook employee who censored her ad because it shed a negative light on the medical treatment of her child, who was transgendered. Plaintiff contended that Facebook took offense to the ads and therefore censored them. Moreover, plaintiff contended that her Facebook profile was locked and a purported Facebook employee said that her Facebook account would be unblocked if she sent him a $100 Google Play card. Plaintiff asserted a cause of action for breach of the covenant of good faith and fair dealing and a cause of action for extortion.
DEFENDANT'S CONTENTIONS: Defendant denied the contentions.
Result
The court held that plaintiff's claims failed because she did not adequately allege that the people she communicated with were actually Facebook employees and plaintiff did not allege that the purported Facebook employee induced her to buy the gift card through force or fear.
For reprint rights or to order a copy of your photo:
Email
jeremy@reprintpros.com
for prices.
Direct dial: 949-702-5390