I.B. v. Facebook, Inc.

905 F.Supp.2d 989 (2012)

Purchase the Printed Copy at bsmsphd.com

Nature of the Case

To access this section all you need to do is click here and register.

Facts

In October 2011, I.B. (P), a minor, asked his mother for permission to spend twenty dollars on his Facebook account using the mother's Wells Fargo Master Card. I.B. (P) purchased Facebook Credits from D for use in 'Ninja Saga.' Without any notice that his mother's credit card information had been stored by D and the Facebook Credits system, or that his mother's credit card information was being used again after the initial twenty-dollar purchase, I.B. (P) made in-game purchases for which he thought he was spending virtual, in-game currency. The credit card was charged repeatedly and without her consent, and the charges totaled several hundred dollars. The mother tried to obtain a refund by leaving a phone message at a phone number listed for D but received no response. In December 2011, Plaintiff J.W. (P), a minor, began to make a series of charges via Facebook Credits using the debit card of his parents. J.W. (P) had taken the card from his parents without their permission. The total charges exceeded one thousand dollars. After learning of these charges, the father submitted a complaint to D as to the '20 debits directly to my bank account,' noting that neither he nor his wife (the only authorized users of the debit card's account) had authorized any such charges and requesting a refund. Only $59.90 had been refunded, and D responded that 'we are not able to process your refund request at this time . . . because it has been more than 90 days since you completed the stated transaction(s).' J.W. (P) has not been reimbursed $999.30 charged for transactions originating from their minor child's D account. Ps eventually filed a class action suit for refunds from D for all such charges incurred by minors. D moves to dismiss for failure to state a claim and to strike the class allegations.