Facts

C.M.D., E.K.D., both minors, and others and others filed a class action against Facebook Inc., arguing that Facebook used the names and photographs of children to advertise products and services, without their consent.

PLAINTIFF'S CONTENTIONS:
Plaintiffs were users of Facebook, a social networking service and website. Plaintiffs alleged that Facebook used their names and likenesses for commercial purposes, and that its terms of membership required that users consent to Facebook's actions. Plaintiffs asserted that because they were minor children, they lacked the capacity to give consent, so Facebook could not lawfully use their names and images.

Despite this, Facebook continued to do so.

DEFENDANT'S CONTENTIONS:
Facebook moved to dismiss the case, arguing that plaintiffs had failed to state claims upon which relief could be granted and that they lacked standing to assert their claims.

Result

The court granted Facebook's motion to dismiss.