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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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