Williams v. X Corp.

CourtDistrict Court, N.D. Texas
DecidedOctober 1, 2025
Docket4:25-cv-01084
StatusUnknown

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

Bluebook
Williams v. X Corp., (N.D. Tex. 2025).

Opinion

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ALABAMA SOUTHERN DIVISION KEITH A. WILLIAMS, ) ) Plaintiff, ) ) v. ) CIVIL ACTION NO. 1:25-00058-JB-MU ) X CORP., ) ) Defendant. )

ORDER This matter is before the Court on Defendant X Corp.’s (“Defendant”) Motion to Transfer Venue to the United States District Court for the Northern District of Texas, based on a forum selection clause in a contract executed by the parties. (Doc. 20). Plaintiff Keith Williams (“Plaintiff”) has filed three Responses as well as a Affidavit opposing the Motion to Transfer and Defendant has filed a Reply.1 (Docs. 21, 22, 25, 26 and 28). For the reasons set out herein, the Court concludes the Motion to Transfer is due to be GRANTED. I. BACKGROUND Plaintiff alleges he was a “registered user” of Defendant X Corp.’s (formally Twitter, Inc.) social media platform. (Doc. 1). Plaintiff states he “performed all obligations under” a contract with Defendant, “by adhering to Defendant's terms of service” (“Terms of Service”). (Id.). The

1 Plaintiff represents himself in this matter. The Court notes that, “pro se pleadings are held to a less strict standard than pleadings filed by lawyers and thus are construed liberally.” Alba v. Montford, 517 F.3d 1249, 1252 (11th Cir. 2008) (citation omitted). “However, this leniency does not give a court a license to serve as de facto counsel for a party, or to rewrite an otherwise deficient pleading in order to sustain an action.” Odion v. Google Inc., 628 Fed.Appx. 635, 637 (11th Cir. 2015) (citation omitted). Complaint alleges the “personal information of [Defendant’s] users” was compromised, including his own, in an alleged data breach in January 2023. (Id.). Based on these allegations, Plaintiff brings claims of negligence and breach of contract against Defendant, seeking both

compensatory and punitive damages. (Id.). Defendant’s Terms of Service, affirmatively referenced in Plaintiff’s Complaint and included as an exhibit to Defendant’s Response, governed Plaintiff’s “and other users’ access to and use of [Defendant’s] services[.]”2 (Docs. 1 and 20-1). By using Defendant’s services, Plaintiff agreed to be bound by the Terms of Service. (Doc. 20-1). The Terms of Service include the following forum selection clause:

The laws of the State of Texas, excluding its choice of law provisions, will govern these Terms and any dispute that arises between you and us, notwithstanding any other agreement between you and us to the contrary. All disputes related to these Terms or the Services, including without limitation disputes related to or arising from other users’ and third parties’ use of the Services and any Content made available by other users and third parties on the Services, will be brought exclusively in the U.S. District Court for the Northern District of Texas or state courts located in Tarrant County, Texas, United States, and you consent to personal jurisdiction in those forums and waive any objection as to inconvenient forum. Without prejudice to the foregoing, you agree that, in its sole discretion, X may bring any claim, cause of action, or dispute we have against you in any competent court in the country in which you reside that has jurisdiction and venue over the claim. To the extent permitted by law, you also waive the right to

2 Defendant asked that the Court take judicial notice of its website and its published Terms and Conditions. Hudson v. Pennsylvania Life Ins. Co., No. CV-12-S-2225-NE, 2013 WL 3242877, at *9 (N.D. Ala. June 21, 2013) (taking judicial notice of information from website). Courts routinely take judicial notice of social media platforms’ terms of services. See Capua v. Air Europa Lineas Aereas S.A. Inc., 2021 WL 965500, at *2 (S.D. Fla. Mar. 15, 2021) (taking judicial notice of an archived copy of Expedia’s terms of use obtained from Internet Archive’s Wayback Machine); Al-Ahmed v. Twitter, Inc., 603 F. Supp. 3d 857, 869 (N.D. Cal. 2022) (taking judicial notice of Twitter’s terms of service). In addition, X Corp.’s Terms of Service have been incorporated by reference into Plaintiff’s Complaint, which alleges that “Plaintiff performed all allegations under the contract by adhering to Defendant’s terms of service.” Doc. 1 at 2. Hines v. Midland Mortg. Co., 2023 WL 2933343, at *3 (N.D. Ga. Feb. 22, 2023) (taking judicial notice of the security deed at issue because its authenticity is “undisputed by Plaintiff and is central to her claims”); Williamson v. Bank of Am., N.A., 2015 WL 11517083, at *4 (N.D. Ga. June 8, 2015), report & recommend. adopted as modified, 2015 WL 11605553 (N.D. Ga. July 13, 2015) (“The foreclosure notice is central to Plaintiff's claims, and Plaintiff does not dispute the authenticity of the notice”). participate as a plaintiff or class member in any purported class action, collective action or representative action proceeding.

Terms of Service, effective November 15, 2024 at Section 6. (Doc. 20-1, https://x.com/en/tos (last visited October 1, 2025)). II. LEGAL STANDARD A forum selection clause “may be enforced through a motion to transfer under [28 U.S.C.] § 1404(a).” Atl. Marine Const. Co. v. U.S. Dist. Ct. for W. Dist. of Texas, 571 U.S. 49, 59 (2013). Section 1404(a) provides that “[f]or the convenience of parties and witnesses, in the interest of justice, a district court may transfer any civil action to any other district . . . where it might have been brought.” “[A] proper application of § 1404(a) requires that a forum-selection clause be given controlling weight in all but the most exceptional cases.” Atl. Marine, 571 U.S. at 59-60 (internal quotation marks omitted). Thus, “when a motion under section 1404(a) seeks to enforce

a valid, reasonable choice of forum clause, the opponent bears the burden of persuading the court that the contractual forum is sufficiently inconvenient to justify retention of the dispute.” In re Ricoh Corp., 870 F.2d 570, 573 (11th Cir. 1989). III. ANALYSIS The question before this Court is weather Plaintiff’s claims are due to be transferred to the Northern District of Texas under Defendant’s Terms of Service forum selection clause. This

Court agrees with Defendant and finds that the forum selection clause is (1) is valid, (2) enforceable, and (3) encompasses all of Plaintiff’s claims. The Court will review each element. A. Defendant’s Forum Selection Clause Is Valid. Defendant characterizes the forum selection clause in its Terms of Service as a “mandatory” forum selection clause. This Court agrees. A “[m]andatory forum-selection clauses are ‘presumptively valid and enforceable’ absent a ‘strong showing that enforcement would be unfair or unreasonable under the circumstances.’” Slater v. Energy Servs. Grp. Int’l, Inc., 634 F.3d 1326, 1331 (11th Cir. 2011) (quoting Krenkel v. Kerzner Int’l Hotels Ltd., 579 F.3d 1279, 1281 (11th

Cir. 2009)), abrogated on other grounds by Atl. Marine, 571 U.S. 49. “[A] mandatory clause . . . dictates an exclusive forum for litigation under the contract.” Slater, 634 F.3d at 1330. “A permissive clause,” by contrast, “authorizes jurisdiction in a designated forum but does not prohibit litigation elsewhere.” Id. The Court agrees that Defendant’s forum selection clause is mandatory because it states that any claims “will be brought exclusively in the U.S. District Court of the Northern District of

Texas or state courts located in Tarrant County, Texas, United States.” (Doc. 20-1); see also SLF Holdings, LLC v. Uniti Fiber Holdings, Inc., No. CV 1:19-00333, 2019 WL 13217861, at *2 (S.D.

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Williams v. X Corp., Counsel Stack Legal Research, https://law.counselstack.com/opinion/williams-v-x-corp-txnd-2025.