Forrest v. Meta Platforms, Inc.

CourtDistrict Court, N.D. California
DecidedJune 17, 2024
Docket5:22-cv-03699
StatusUnknown

This text of Forrest v. Meta Platforms, Inc. (Forrest v. Meta Platforms, Inc.) is published on Counsel Stack Legal Research, covering District Court, N.D. California primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Forrest v. Meta Platforms, Inc., (N.D. Cal. 2024).

Opinion

1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 7 ANDREW FORREST, Case No. 22-cv-03699-PCP

8 Plaintiff, ORDER GRANTING IN PART 9 v. MOTION TO DISMISS

10 META PLATFORMS, INC., Re: Dkt. No. 104 Defendant. 11

12 13 Dr. Andrew Forrest brings this action against Meta Platforms, Inc. arising from Facebook 14 ads that allegedly show him endorsing fraudulent cryptocurrency and other investment products. 15 Dr. Forrest seeks damages and an injunction on several common law claims. For the reasons that 16 follow, Meta’s motion to dismiss is denied in part and granted in part. 17 I. Background 18 The following facts from the complaint are accepted as true in resolving Meta’s motion. 19 Dr. Forrest is a prominent Australian businessman and philanthropist. He is the founder 20 and executive chairman of Fortescue Metals Group and has donated more than $7 billion AUD to 21 charity. He has received many honors and is widely recognized in Australia. 22 Dr. Forrest did not use social media before 2014, when he discovered that his image had 23 been used to create “imposter” pages on Facebook (the social media platform operated by Meta) 24 that purported to belong to him.1 Dr. Forrest investigated and learned that these pages were created 25 by scammers using false identities. He then brought the matter to Meta’s attention. Meta assured 26 27 1 him it would take steps to stop the imposter pages. Dr. Forrest did not want to be on social media 2 but at Meta’s urging he set up a “verified” Facebook page. Meta then took down some but not all 3 of the imposter pages. 4 Beginning in 2019, Dr. Forrest learned that ads using his name and likeness to endorse 5 cryptocurrency and other fraudulent investment products were appearing on Facebook. Some were 6 accompanied by fake testimonials from investors who said they turned $250 into millions in a 7 matter of months. Others included doctored “deepfake” videos of Dr. Forrest. Dr. Forrest learned 8 about these scam ads from victims. He paid for an investigation of these ads and determined that 9 the advertisers were located outside the United States, including in Eastern Europe and Southeast 10 Asia. Many Australian Facebook users have fallen prey to the ads featuring Dr. Forrest. The 11 complaint includes several examples of victims who lost tens or hundreds of thousands of dollars. 12 In May 2019, Dr. Forrest communicated with a senior Meta executive in Australia. Dr. 13 Forrest demanded that Meta prevent further dissemination of the ads. The executive emailed Dr. 14 Forrest to offer a “direct line” for reporting content “so that we can move quickly to take down 15 these scam ads.” First Amd. Compl., Dkt. No. 101, ¶ 72. Meta’s attorneys later wrote to Dr. 16 Forrest saying that Meta had “adjusted their detection mechanisms” to ferret out misleading ads 17 that featured him. In November 2019, after scam ads continued, Dr. Forrest wrote an open letter to 18 CEO Mark Zuckerberg. 19 Dr. Forrest alleges that scam ads continue to appear on Meta’s platforms in Australia. 20 A big part of Meta’s business is selling ads. Meta sells ads not only on its own platforms 21 but also on other channels like third-party websites and apps. Advertisers and social media users 22 interact with Meta differently. The two groups must agree to different terms, for example. 23 Meta offers a suite of tools for producing ads. Advertisers access these tools from a 24 separate platform. The tools prompt advertisers for input. Advertisers must first create a business 25 page and supply payment and contact information. They can then select the goal for an ad and an 26 audience to target. Meta also offers tools that can improve the look of ads to increase their appeal. 27 Meta does not review ads before they are completed and paid for. 1 Dr. Forrest alleges that Meta’s software ultimately determines what completed ads look 2 like and who sees them. One tool, for example, takes the images, videos, text, and audio that the 3 advertiser supplies and “mixes and matches them” to change how the ad looks and improve 4 performance. Compl. ¶ 120. This tool is enabled by default. It can adjust the appearance of an ad 5 based on how likely each viewer is to respond. The software can create videos from images and 6 can highlight key phrases from text. Dr. Forrest alleges that at least some of the scam ads he is 7 challenging were created using this tool. Another tool uses generative artificial intelligence to 8 automatically optimize an ad so that the audience will be more likely to interact with it. This AI 9 tool can add music, fine-tune visuals, and even add 3-D animation. In addition to determining the 10 appearance of an ad, Meta’s software also determines which users are eventually shown the ad. 11 Dr. Forrest filed this lawsuit against Meta in September 2021 in California state court. He 12 asserts six California state law claims. Meta removed the case to this Court in June 2022. Dr. 13 Forrest is separately pursuing a private criminal prosecution against Facebook in Australia. This 14 case was stayed until November 2023 while the Australian proceeding progressed. Dr. Forrest 15 then filed the operative amended complaint, which Meta has moved to dismiss. 16 II. Legal Standard 17 A complaint that does not state a plausible claim upon which relief can be granted can be 18 dismissed under Federal Rule of Civil Procedure 12(b)(6). “A claim has facial plausibility when 19 the plaintiff pleads factual content that allows the court to draw the reasonable inference that the 20 defendant is liable.” Ashcroft v. Iqbal, 556 U.S. 662, 678 (2009). Legal conclusions “must be 21 supported by factual allegations.” Id. at 679. The Court must “accept all factual allegations in the 22 complaint as true and construe the pleadings in the light most favorable to the nonmoving party.” 23 Rowe v. Educ. Credit Mgmt. Corp., 559 F.3d 1028, 1029–30 (9th Cir. 2009). 24 III. On this Rule 12(b)(6) Motion, Section 230 Does Not Bar Dr. Forrest’s Claims. 25 Section 230(c)(1) of the Communications Decency Act provides that “[n]o provider … of 26 an interactive computer service shall be treated as the publisher or speaker of any information 27 provided by another information content provider.” 47 U.S.C. § 230. An “interactive computer 1 computer access by multiple users to a computer server.” Id. § 230(f). An “information content 2 provider” is “any person or entity that is responsible, in whole or in part, for the creation or 3 development of information provided through the Internet or any other interactive computer 4 service.” Id. 5 “Section 230(c)(1) is an affirmative defense.” Calise v. Meta Platforms, Inc., –– F.4th –––, 6 2024 WL 2826231, at *3 (9th Cir. 2024). Meta thus bears the “burden of showing that § 230(c)(1) 7 applies.” Id. To survive a motion to dismiss, plaintiffs “simply need to plead facts demonstrating a 8 potential factual dispute that could affect whether the defense applies.” Rabin v. Google LLC, ––– 9 F. Supp. 3d ––––, 2024 WL 1269313, at *2 (N.D. Cal. 2024). “Only when the plaintiff pleads 10 itself out of court—that is, admits all the ingredients of an impenetrable defense—may a 11 complaint that otherwise states a claim be dismissed under Rule 12(b)(6).” Durnford v. 12 MusclePharm Corp., 907 F.3d 595, 604 (9th Cir. 2018). 13 Meta argues that Section 230 bars all of Dr. Forrest’s claims.

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Forrest v. Meta Platforms, Inc., Counsel Stack Legal Research, https://law.counselstack.com/opinion/forrest-v-meta-platforms-inc-cand-2024.