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|    Message 27,210 of 27,547    |
|    Leroy N. Soetoro to All    |
|    How small claims court became Meta's cus    |
|    05 Jul 24 22:56:41    |
      [continued from previous message]              and countless hours of work. But Garza says it was worth it. “I just can't       stand letting somebody take advantage and walking away,” she says.              Even for individuals whose work doesn't depend on Meta's platforms, a       hacked account can result in real harm.              Palena, who flew cross-country to challenge Meta in court, had no       financial stake in his Facebook account, which he claimed nearly 20 years       ago when the social network was still limited to college students. But       whoever hacked him had changed the associated email address and phone       number, and began using his page to run scam listings on Facebook       Marketplace.              “I was more concerned about the damage it could do to me and my name if       something did happen, if someone actually was scammed,” he tells Engadget.       In his court filing, he asked for $10,000 in damages, the maximum allowed       in California small claims court. He wrote that Meta had violated its own       terms of service by allowing a hacked account to stay up, damaging his       reputation. “I didn't really care that much about financial compensation,”       Palena says “I really just wanted the account back because the person who       hacked the account was still using it. They were using my profile with my       name and my profile image."              A couple weeks later, a legal rep from Meta reached out to him and asked       him for information about his account. They exchanged a few emails over       several weeks, but his account was still inaccessible. The same day he       boarded a plane to San Mateo, the Meta representative emailed him again       and asked if he would be willing to drop the case since “the access team       is close to getting your account secure and activated again.” He replied       that he intended to be in court the next day as he was still unable to get       into his account.              Less than half an hour before his hearing was scheduled to start, he       received the email he had spent months waiting for: a password reset link       to get back into his account. Palena still attended the hearing, though       Meta did not. According to court records reviewed by Engadget, Palena told       the judge the case had been “tentatively resolved,” though he hasn’t       officially dropped the case yet.              The hurdles of small claims       While filing a small claims court case is comparatively simple, it can       still be a minefield, even to figure out something as seemingly       straightforward as which court to file to. Forrest notes that Facebook’s       terms of service stipulates that legal cases must be brought in San Mateo       County, home of Meta’s headquarters. But, confusingly, the terms of       service for Meta accounts states that cases other than small claims court       must be filed in San Mateo. In spite of the apparent contradiction, some       people (like Garza) have had success suing Meta outside of San Mateo.              Each jurisdiction also has different rules for maximum allowable       compensation in small claims, what sorts of relief those courts are able       to grant and even whether or not parties are allowed to have a lawyer       present. The low barrier to entry means many first-time plaintiffs are       navigating the legal system for the first time without help, and making       rookie mistakes along the way.              Shaun Freeman had spent years building up two Instagram accounts, which he       describes as similar to TMZ but with “a little more character.” The pages,       which had hundreds of thousands of followers, had also been a significant       source of income to Freeman, who has also worked in the entertainment       industry and uses the stage name Young Platinum.              He says his pages had been suspended or disabled in the past, but he was       able to get them back through Meta’s appeals process, and once through a       complaint to the California Attorney General’s office. But in 2023 he       again lost access to both accounts. He says one was disabled and one is       inaccessible due to what seems like a technical glitch.              He tried to file appeals and even asked a friend of a friend who worked at       Meta to look into what had happened, but was unsuccessful. Apparently out       of other options, he filed a small claims case in Nevada in February. A       hearing was scheduled for May, but Freeman had trouble figuring out the       legal mechanics. “It took me months and months to figure out how to get       them served,” Freeman says. He was eventually able to hire a process       server and got the necessary signature 10 days before his hearing. But it       may have been too late. Court records show the case was dismissed for       failure to serve.              Even without operator error, Meta seems content to create hardship for       would-be litigants over matters much smaller than the company's more       headline-grabbing antitrust and child safety disputes. Based on       correspondence reviewed by Engadget, the company maintains a separate       "small claims docket" email address to contact would-be litigants.              Ron Gaul, who lives in North Dakota, filed a small claims suit after Meta       disabled his account following a wave of what he describes as targeted       harassment. The case was eventually dismissed after Meta’s lawyers had the       case moved to district court, which is permissible for a small claims case       under North Dakota law.              Gaul says he couldn’t keep up with the motions filed by Meta’s lawyers,       whom he had hoped to avoid by filing in small claims court. “I went to       small claims because I couldn't have a lawyer,” he tells Engadget.              Ryan, an Arizona real estate agent who asked to be identified by his first       name only, decided to sue Meta in small claims with his partner after       their Facebook accounts were disabled in the fall of 2022. They were both       admins of several large Facebook Groups and he says their accounts were       disabled over a supposed copyright violation.              Before a scheduled hearing, the company reached out. “They started       basically trying to bully us,” says Ryan, who asked to be identified by       his first name only. “They started saying that they have a terms of       service [and] they can do whatever they want, they could delete people for       any reason.” Much like Gaul, Ryan expected small claims would level the       playing field. But according to emails and court records reviewed by       Engadget, Meta often deploys its own legal resources as well as outside       law firms to respond to these sorts of claims and engage with small claims       litigants outside of court. "They put people that still have legal       training against these people that are, you know, representing       themselves,” he said.              In the end, Meta’s legal team was able to help Ryan get his account back       and he agreed to drop himself from the small claims case. But two months       later his partner had still not gotten back into hers. Meta eventually       told her that her account had been permanently deleted and was no longer       able to be restored. Meta eventually offered $3,500 — the maximum amount       for a small claims case in Arizona. He says they wanted more, but Meta       refused, and they felt like they were out of options. Ryan claims they had       already lost tens of thousands of dollars in potential sales that they       normally sourced from Facebook. “We were prepared to go further, but no       lawyer would really take it on without a $15,000 retainer and it wasn't       worth it.”              While it may seem surprising that Meta would give these small claims cases       so much attention, Zucker, the Cal State Northridge professor, says that       big companies have their own reasons for wanting to avoid court. “I don’t       think places like Google or Meta want to have a bunch of judgments against              [continued in next message]              --- SoupGate-Win32 v1.05        * Origin: you cannot sedate... all the things you hate (1:229/2)    |
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