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Class action against Facebook can be filed in B.C., Supreme Court says

A sign at the entrance to the Facebook World Headquarters located in Menlo Park, California on March 18, 2014.
Image Credit: Katherine Welles/Shutterstock.com
June 23, 2017 - 8:30 AM

OTTAWA - The Supreme Court of Canada says a woman who wants to sue Facebook over its use of "sponsored stories" can pursue her case in British Columbia.

Deborah Douez wants to file a class-action lawsuit against the social media giant over a now-defunct advertising format, which allegedly used her name and profile photo in ads endorsing a company for which she had clicked the "Like" button.

The ads were generated for companies that purchased the sponsored stories format and were sometimes displayed on the newsfeeds of her friends.

A lower court approved her suit, but the British Columbia Court of Appeal stayed the case, saying it should properly be pursued in California, where Facebook is based.

The appeal court said all potential users of Facebook must agree to its terms of use, which include a forum selection and choice-of-law clause requiring that disputes be resolved in California according to California law

In a 4-3 decision today, the Supreme Court calls the clause unenforceable.

News from © The Canadian Press, 2017
The Canadian Press

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