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ARTICLE · 21 APRIL 2011

Facebook Immune From Class Actions in Quebec?

Can you launch a class action against Facebook in Quebec?

CanadaLitigation, Mediation & Arbitration

Can you launch a class action against Facebook in Quebec? Apparently not. The Superior Court of Quebec just released its decision in St-Arnaud v. Facebook Inc.,1 a judgment that could cause major waves in the world of class action and consumer protection law.

BACKGROUND

On July 6, 2010, Patrice St-Arnaud filed a motion to authorize the bringing of a class action against Facebook. The petitioner, a casual Facebook user, presented the motion on behalf of all persons in Quebec who were allegedly wronged by Facebook with respect to the use of their personal information.

The facts of the case are relatively simple. The petitioner signed up to Facebook and submitted various items of personal information during the sign-up procedure. The personal information made publicly available included his name and the "networks" he belonged to. In November 2009, however, Facebook changed the privacy settings without consulting users, meaning previously confidential information

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