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ARTICLE · 18 FEBRUARY 2022

Couldn't Scrape By: BC Court Rejects Certification Of Class Action Against Facebook

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On January 27, 2022, the BC Supreme Court dismissed an application to certify a class action against Facebook, Inc. ("Facebook") for allegedly "scraping" call and text data from users of...

CanadaPrivacy
Joan Young
Joan Young
Robert C. Piasentin
Robert C. Piasentin
Robbie Grant
Robbie Grant
Kristen Shaw
Kristen Shaw
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On January 27, 2022, the BC Supreme Court dismissed an application to certify a class action against Facebook, Inc. ("Facebook") for allegedly "scraping" call and text data from users of their messenger app without users' knowledge or consent.1

The Court found that the plaintiffs failed to establish any basis in fact for the allegation. Even if they had, the Court determined that the plaintiffs did not disclose issues of fact or law common to all class members, and a class action proceeding was not a preferable procedure. While the Court did not reject the possibility of a similar breach of privacy claim in the future, this decision highlights how the personal and individual nature of a breach of privacy claim may pose a challenge to defining common issues in future class actions for such claims. This bulletin summarizes the decision and offers takeaways for businesses.

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The foregoing provides only an overview and does not constitute legal advice. Readers are cautioned against making any decisions based on this material alone. Rather, specific legal advice should be obtained.

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