'ScamVille' Lawsuit Against Facebook Dropped
California resident Rebecca Swift has withdrawn her lawsuit against Facebook for allegedly profiting from so-called "scam ads" that appeared in gaming applications created by Zynga, an outside developer. Swift is continuing to pursue her potential class-action lawsuit against Zynga, which offers games like "FarmVille,""Mafia Wars" and "Yoville" as free apps on Facebook and other sites.
Court documents filed Friday show that the case against Facebook was dismissed without prejudice, meaning that Swift theoretically can re-file it.
Swift's legal papers did not give a reason for the withdrawal against Facebook, but some legal experts say that Facebook and Zynga both have strong defenses under the federal Communications Decency Act. That law immunizes Web companies from liability for material they didn't create.
Swift's lawsuit, filed in November in federal court in the northern district of California, alleges that ads in Zynga games tricked users by purporting to offer them "free" trial subscriptions, but then preventing people from canceling.
Swift alleges that she lost around $200 as a result of misleading ads. While playing Zynga's YoVille in June, she allegedly signed up for a "risk-free" trial of monthly shipments of a green tea supplement in order to earn YoCash -- virtual currency used in the game. The ads said that consumers could cancel within 15 days. Swift alleges that the company refused to honor her request to cancel, ultimately resulting in $165 in charges to her debit card. On another occasion, she entered her cell phone number in response to an ad for YoCash, which allegedly resulted in her being billed for about $30 without her consent.
Last week Zynga filed a motion to dismiss Swift's lawsuit, arguing that it's protected by the Communications Decency Act. "All of Swift's claims are based on content created or developed by third party advertisers, not Zynga," the company argues. To support its position, the company points to a recent decision dismissing a lawsuit against Google for allegedly displaying fraudulent ringtone ads.
John R. Parker, Jr., an attorney with the law firm Kershaw, Cutter & Ratinoff, which brought the case on Smith's behalf, said she will either amend her complaint against Zynga or oppose the company's motion to dismiss the lawsuit in the next 20 days.
Facebook declined to comment on the lawsuit's dismissal.
Recent Online Media Daily Articles
-
FTC's Ohlhausen Questions Privacy Recommendations May 21, 6:05 p.m.
The Federal Trade Commission's 2012 privacy recommendations could unintentionally disadvantage smaller online ad companies, Commissioner Maureen ... -
Subway's Comedy Promotes Brand, Content Strategy May 21, 2:43 p.m.
Setting a new bar for brands and their programming aspirations, Subway’s scripted comedy series, "The 4 ... -
Future of Social, Digital Shops In Doubt May 21, 1:48 p.m.
Companies talk a lot about fully integrated marketing strategies. One result may be the demise of ... -
Google+ Needs Android To Climb Out Of Experimental Phase May 20, 9:24 p.m.
Marketers continue to view Google+ as a fledgling network requiring experimentation, although the company released a ... -
AOL, Support.Com Settle Scareware Lawsuit For $8.5 Million May 20, 5:20 p.m.
Web company AOL and software vendor Support.com will pay $8.5 million to settle a lawsuit brought ... -
Gmail Hangouts Disable Google Voice May 20, 3:23 p.m.
Google's new version of Hangouts for Gmail eliminates Google Voice features. The move is frustrating heavy ... -
Digital Boost: Ziff Davis Acquires NetShelter May 20, 3:19 p.m.
Ziff Davis on Monday announced the acquisition of content network NetShelter from ad platform inPowered. Financial ... -
LikeableAds.com Launches, With Focus On Social Media Ads May 20, 3:04 p.m.
To keep up with growing demand from Madison Avenue, the social marketing consultants at Likeable Media ... -
Yahoo To Ramp 'Native' Ads On Tumblr May 20, 1:37 p.m.
With its $1.1 billion acquisition of Tumblr, Yahoo on Monday made clear that it plans to ... -
Gigya Improves Marketing, Adds 21 Social, Tech Partners May 20, 9:15 a.m.
Social services startup Gigya on Monday is expected to announce the addition of 21 social and ...
Be the first to comment on "'ScamVille' Lawsuit Against Facebook Dropped"
Leave a Comment