cannot disaffirm his contract because he has already received the full benefit of the Facebook Credits that he purchased by using the Credits to make in-game purchases in “Ninja Saga.”įacebook contends that the ruling in E.K.D. Minors May Disaffirm Contracts Even After Receiving Benefits”:įacebook contends that minor Plaintiff I.B. Contracts Voidable Under Family Code Section 6710” and “a. Then discussing applicable law regarding minors in contracts, subheadings: “2. 2010) (denying request for judicial notice where “he Court finds that whether these are the webpages Plaintiffs would have viewed during their online transactions is subject to ‘reasonable dispute.'”) (citing Fed. See In re Easysaver Rewards Litig., 737 F. Facebook’s request for judicial notice is therefore denied. would have viewed these particular payment pages is subject to reasonable dispute. However, whether the minor Plaintiffs I.B. Richardson states that Facebook did not “materially alter” the Ninja Saga payment pages between October 2011 and May 2012. Richardson states that the screen shots were viewed and printed between Apand May 10, 2012, and his declaration does not indicate whether these webpages were in effect or available at the time of the events alleged in the 2AC. Facebook’s manager of Payment Operations, Bill Richardson, provides a supporting declaration concerning the public availability of these webpages. These include Facebook’s Statement of Rights and Responsibilities, Payment Terms, Help Center pages and payment screens in the game Ninja Saga. Plaintiffs oppose the motions.įacebook asks the Court to take judicial notice of screen shots of webpages from Facebook’s website on the grounds that they were specifically referred to in the 2AC or illustrate the allegations in the amended complaint. Upon discovering the transactions, Bohannon tried to obtain a refund from Facebook by leaving a phone message at a phone number listed for Facebook but received no response.įacebook moves to dismiss the 2AC for failure to state a claim and to strike the class allegations. As a result, Bohannon’s credit card was charged repeatedly and without her consent, and the charges totaled several hundred dollars. ![]() made in-game purchases for which he thought he was spending virtual, in-game currency. ![]() purchased Facebook Credits from Facebook for use in “ Ninja Saga.” Subsequently, without any notice that his mother’s credit card information had been stored by Facebook 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. In October 2011, Plaintiff I.B., a minor, asked his mother, Plaintiff Glynnis Bohannon, for permission to spend twenty dollars on his Facebook account using Bohannon’s Wells Fargo Master Card, in exchange for twenty dollars in cash I.B. ![]() Facebook permits minors to register on its website and use its service I.B., by and through his Guardian ad Litem BRYAN FIFE, et al., Plaintiffs,ĭecided, Octoby Opinion of Judge Claudia Wilkenīelow are the facts from the Opinion (citations to complaint removed):įacebook operates the largest online social network in the world and provides a payment system, Facebook Credits, for users to make purchases within the Facebook website. ![]() In particular, regarding credits purchased for the game “Ninja Saga” Users’-parents file for a class action, to absolve those debts. Kids use their parents credit card on Facebook and rack up unauthorized debts.
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