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Quebec Court Dismisses Class Action Motion Against Facebook
In a recent decision, the Quebec Superior Court dismissed a motion for permission to launch a class action against Facebook for privacy violations on the ground of lack of jurisdiction of the Quebec Court.
In the class action motion, the petitioner sought an amendment to limit the proposed class action to residents of Quebec and to a self-identified group who were allegedly the subject of the invasion of privacy and breach of confidence by Facebook. The petitioner argued that Facebook’s recent privacy policy resulted in making previously protected personal information publically available. They alleged that Facebook had reset the default settings without their consent so that certain types of information could be accessed by everyone.
Facebook argued that the matter was forum non conveniens and that the Terms of Use specifically name Santa Clara County, California, as having jurisdiction, thus eliminating the Quebec Superior Court class action. In addition, they argued that Article 3149 of the Quebec Civil Code, which allows Quebec authority to hear an action with respect to a consumer contract, does not apply.
The Court agreed that the jurisdiction clause of the Terms of Use are binding and removes the jurisdiction of the Quebec Superior Court of Justice for the class action. In particular, the Court held that Facebook does not have a consumer relationship with its users, and thus a consumer contract does not exist. The Quebec Superior Court dismissed the petitioner’s motion.
For additional information, visit:
https://service.clearservice.com/itcan/campaignimages/1/www/newsletters/042111.pdf