Amended Class Action Lawsuit Against Facebook Seeks $1.5 Trillion

Plaintiffs in a class action lawsuit against Facebook recently filed an amended complaint seeking $1.5 trillion in statutory damages under the Wiretap Act, as well as additional statutory and actual damages under the Stored Communications Act, Computer Fraud and Abuse Act and California state law. The lawsuit alleges that Facebook intercepted the plaintiffs' electronic communications by tracking and intercepting their browsing habits and communications after the plaintiffs had logged out of Facebook. They base their claim for $1.5 trillion in statutory damages under the Wiretap Act, calculating the amount off of Facebook's 150 million users. The Wiretap Act broadly prohibits the intentional interception, use, or disclosure of wire and electronic communications unless a statutory exception applies and provides for preliminary, equitable and declaratory relief. The Act provides for statutory damages of the greater of $10,000 or $100 a day for each day of violation. 

Tip: This case serves as a reminder that companies running websites should make sure they understand the tracking mechanisms used on their sites, and where appropriate, provide consumers with appropriate notice and consent.