9th Cir. to Hear Appeal after Facebook ‘Friend Finder’ Class-Action Dismissed


The U.S. Court of Appeals for the Ninth Circuit will hear arguments next year over the dismissal of a class-action by Facebook users who claimed they were hurt when Facebook promoted its “Friend Finder” by displaying their profile information.

A briefing schedule is now listed on the court’s case docket.

Last month, Judge Richard Seeborg granted Facebook’s motion to dismiss the Plaintiffs’ first amended complaint in the ‘Find Friends’ class-action, concluding that the plaintiffs failed to plead how they could actually be hurt. (Read the six-page decision below)

This was especially true, the judge reasoned, since the only harm they claimed was that:

[their] names and likenesses were merely displayed on the pages of other users who were already plaintiffs’ Facebook “friends” and who would regularly see, or at least have access to, those names and likenesses in the ordinary course of using their Facebook accounts.

You can read Judge Seeborg’s order here:

Order Granting Motion to Dismiss First Amended Complaint, Without Leave to Amend – Cohen v. Facebook

Come on, people. If someone is really your friend, why would they want to hurt you?

Is that what friends are for?