Citation Edit

Fteja v. Facebook, Inc., 841 F.Supp.2d 829 (S.D.N.Y. 2012) (full-text).

Factual Background Edit

Plaintiff sued Facebook, claiming that it wrongfully disabled his account for discriminatory reasons. He claimed that he suffered emotional distress and reputational damage.

Facebook moved to transfer the action to the federal court for the Northern District of California pursuant to the terms of its online terms of use. Fteja opposed the motion, claiming that he never agreed to the terms of use and was not bound by it.

Trial Court Proceedings Edit

The court granted Facebook's motion, holding that plaintiff had affirmatively checked a box on the Facebook website manifesting his acceptance of the terms of use at the time he opened his account and was bound by those terms, including the choice of venue clause.

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