Facts

Susan Lloyd is a Pennsylvania resident with severe vision issues and has qualified as disabled under the Americans with Disabilities Act since 2006. Lloyd, acting pro se, filed suit against Facebook, Meta Platforms, and Mark Zuckerberg, alleging various violations of the Americans with Disabilities Act, the Rehabilitation Act, the Unruh Act, as well as for fraud, intentional misrepresentation invasion of privacy, breach of contract, negligence, and negligent infliction of emotional distress. The court dismissed all claims without leave to amend except the breach of contract claim.

PLAINTIFF'S CONTENTIONS: Plaintiff made several contentions. First, she alleged that the Facebook platform was inaccessible to disabled individuals with no arms or problems with vision, for reasons including but not limited to, inability to resize text, and lack of contrast. Moreover, plaintiff further claimed that defendants tracked her use of third party websites without first obtaining her permission, even when she was not logged on to Facebook.

DEFENDANTS' CONTENTIONS: Defendants argued that plaintiff's ADA and Rehab Act claims failed because under federal law, Facebook is not a place of public accommodation. As to the Unruh Act claim, that too failed because the Act did not apply to digital-only websites such as Facebook. Plaintiff's fraud and intentional misrepresentation claims failed because plaintiff did not cite specific instances of fraud that could be inferred as Facebook intending to defraud plaintiff. Plaintiff's claims for invasion of privacy, negligence, and negligent infliction of emotional distress were barred by the Communications Decency Act Section 230, and any direct claims against defendant Zuckerberg were not adequately alleged as to his personal involvement that would directly tie him to any of the claims. Finally, as to plaintiff's breach of contract claim, defendants noted that as plaintiff could not meet the amount of controversy requirement, the court lacked jurisdiction.

Result

The court granted defendants' motion to dismiss as plaintiff not only repleaded all her dismissed claims but also failed to amend her breach of contract claim.