The plaintiffs alleged that Facebook used the “like” buttons found on other websites to track which sites they visited, meaning that the Menlo Park, California-headquartered company could build up detailed records of their browsing history. The plaintiffs argued that this violated federal and state privacy and wiretapping laws.
US district judge Edward Davila in San Jose, California, dismissed the case because he said that the plaintiffs failed to show that they had a reasonable expectation of privacy or suffered any realistic economic harm or loss.
Davila said that plaintiffs could have taken steps to keep their browsing histories private, for example by using the Digital Advertising Alliance’s opt-out tool or using “incognito mode”, and failed to show that Facebook illegally “intercepted” or eavesdropped on their communications.
“Facebook’s intrusion could have easily been blocked, but plaintiffs chose not to do so,” said Davila, who dismissed an earlier version of the five-year-old case in October 2015.