Canada’s Supreme Court Strikes Down Clause of Facebook’s Terms of Use

Advertising, Exposure, Legislation, Online privacy, Social Media

A class action suit has been brought against Facebook in Canada. A Vancouver woman initially sued Facebook for featuring her name and photos in “Sponsored Stories” advertising, after she “liked” various company pages. The class action suit covers an estimated 1.8 million residents of British Columbia who had their names or photos used in Facebook’s Sponsored Stories. The suit encountered an initial hurdle in that Facebook’s terms of use include a clause of forum selection and “choice-of-law,” meaning that all disputes against the company must be reviewed in California, where it is headquartered. In a 4-3 decision, the Canada Supreme Court found that the clause is not enforceable in Canada. The ruling clears the way for the privacy case to now be tried in B.C. to evaluate the merits of the claim. The original suit seeks damages from Facebook for violation of the B.C. Privacy Act.

Source: CTV News

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