Facebook Wins Appeal Over Ads

On Oct. 30, 2015, Munger, Tolles & Olson won an appellate victory for Facebook in a lawsuit brought by a proposed class of minors alleging that the consent they had given to the social media giant to republish their names and likeliness to their Facebook friends was invalid.

In an unanimous opinion, the U.S. Court of Appeals for the Ninth Circuit affirmed the dismissal issued by Judge Richard Seeborg of the United States District Court for the Northern District of California, who ruled that the plaintiffs were incorrect in arguing that minors can’t enter contracts under California law.

In a three-page unpublished memorandum, The Ninth Circuit affirmed the district court’s decision, ruling that the minors’ agreements with Facebook were valid contracts under state law and rejecting the argument that the minors could disaffirm the contracts while at the same time continuing to use the Facebook. 

The panel wrote: “By continuing to use facebook.com after bringing their action, plaintiffs manifested an intention not to disaffirm the contract.”

The Munger Tolles attorneys representing Facebook in its appeal include Kristin Linsley Myles and Daniel B. Levin.