Facebook cannot avoid the class action suit against its practice of scanning private messages of users for advertising purposes, according to U.S. District Judge Phyllis Hamilton of California. The case is moving forward because the company "has not offered a sufficient explanation of how the challenged practice falls within the ordinary course of its business," the judge said.
Three plaintiffs to the suit filed in January allege that Facebook violated federal and state statutes by scanning users' private messages to create targeted ads. The plaintiffs also believe that the mention of a company in the messages resulted as a "like."
The plaintiffs add that Facebook's messaging service is meant as a private communication tool between users.
"Facebook's practice of scanning the content of these messages violates the federal Electronic Communications Privacy Act (ECPA also referred to as the Wiretap Act), as well as California's Invasion of Privacy Act (CIPA), and section 17200 of California's Business and Professions Code," the plaintiffs said.
Facebook's motion to dismiss the plaintiffs' Wiretap Act claim and the CIPA section 631 claim were denied by Judge Hamilton.
However, the social media company's motion to dismiss the plaintiffs' claims on section 632 of the CIPA and section 17200 of the California Business & Professions Code, also known as the Unfair Competition Law, was granted.
Facebook maintains that it is responsible for handling the content of private messages to ensure proper delivery. It is, therefore, free to intercept private messages.
Facebook also believes that scanning messages is part of its normal business practice. The company, however, claims that it stopped doing so in 2012. The case then, Facebook believes, should not move forward.
The court read Facebook's full terms of service and found that the language used in the service terms was vague. The court stated that the document fails to clarify whether users had indeed given their consent for Facebook to scan private messages for advertising purposes.
The plaintiffs have all reasons to expect that their private messages remained private. The plaintiffs also argue that even though Facebook has stopped scanning messages, it may start again whenever the company wishes to.
Facebook is not the only company that has been taken to court by users over privacy violations. Other companies such as Yahoo!, Earthlink and Google have faced similar lawsuits.
Google's Gmail service was found violating the Wiretap Act as the company automatically scanned Gmail messages as part of its targeted ad strategy. Google is currently appealing against the violation.
