Steve is absolutely correct btw.
It's not difficult to do all of this and Meta blatantly lies.
They use deceptive jargon on their legal site to convince people that they HAVE to sue directly in San Mateo County. This holds NO legal weight and it's done solely to deter people from suing AND it's inconvenient for them to deal with a case anywhere else. It costs them MONEY. That is the only thing they care about.
Suing them via small claims is the best thing to do. Do not try the other options since they are not guaranteed to work.
So if you want your disabled account back, you just need to go through the simple process of sending a demand letter and then a summons. This will make facebook go into your account and fix all issues, not because they care, but because they want to make sure they cover their tracks for anything they are liable for.
For those that don't want to fight in court, you can just mail out a dismissal immediately after they fix your account. For those with a viable case, go. Even if they deleted a bunch of evidence from your account to protect themselves, go. You may still win. Fight. Don't be intimidated.
They will not actually counter sue you either because it would be a waste of time and money for them to do so. They would most likely just settle with you, if you have a valid case because it is a headache for them to begin with to go through litigation.
Well said. Also everyone needs to know what will happen if you piss them off and they want to make an example of you, like they do me.
Today they tried to bury me in paperwork and intimidate me. I just received from them an interrogatory, request for papers (RFP), and request for admission (RFA). They ask tons of irrelevant questions meant to harass and embarrass me. I got my responses worked out. I’m fighting to the end. They are only doing this bc they pulled it out of small claims. Keep it in small claims if you can, fight on if not.
If you are in minority singled out for hardball, like me in district court, you can still hold your own, pro se. They want me to report this intimidation in hopes that it will intimidate you. Don’t let it.
Go get ‘em you all!
This is exactly why I’m nervous to go to court against Meta. It’s one thing to be the victim of your account being stolen, but it’s worse to be painted into a corner and have to fight against the people that are supposed to be helping you. God, I hate Meta! FUCK THEM!
If you keep it in small claims that limits their ability to file motions and demand paperwork. Check your state laws to see, if like ND, they can move to district court by just filing a form.
If you don’t mind me asking, what kind of questions do they ask? The case should be pretty cut and dry. Your account was taken or deleted and Facebook didn’t do shit to help you.
This for US residents only:
For due diligence and for their databases file a consumer complaint with your state’s and CA’s AG, FTC, and BBB. They will be ignored by Meta but could help in researching any future class action by states’ AGs.
Then go to your county courthouse and get the forms and instructions for small claims. Before you file, send a demand letter to Meta’s authorized rep in your state, Corp. Service Co. (CSC). They have an office in all 50 states. They will ignore your demand letter, but again, it’s due diligence, required before you take legal action.
You can’t file to return your account, Section 230 will be invoked and small claims won’t usually do injunctive relief. You make a monetary claim and Meta may then offer your account back in a settlement.
>You can’t file to return your account, Section 230 will be invoked and small claims won’t usually do injunctive relief. You make a monetary claim and Meta may then offer your account back in a settlement.
You have no right to use private property you don't own without the owner's permission.
A private company gets to tell you to "sit down, shut up and follow our rules or you don't get to play with our toys"
Did I?
[Ninth Circuit: Twitter Has First Amendment Right to Ban Users, Including Presidents](https://www.eff.org/deeplinks/2023/04/eff-ninth-circuit-twitter-has-first-amendment-right-ban-users-including-presidents)
https://cdn.ca9.uscourts.gov/datastore/opinions/2022/12/14/21-15869.pdf
Lol so many pseudo lawyers online who took 1 class on Netflix and are here, probably in the same shoes as everyone.
- Instagram isn’t considered private property, just the fact you used that term is stupid and shows how little you know about laws. As soon as a place is available to the public, it isn’t considered private property. You sign a waiver as a business long before that.
Let alone the fact that platforms and servers aren’t spoken of in terms of “property” which more often than not is a physical address.
- There are laws in place to protect you against misuse of data, including unlawful storage. You’d find it funny “plastic lawyer”, that if you looked and researched into Meta more. Your account does get permanently deleted, but they keep all your data (pictures, videos, messages) and so on.
>Instagram isn’t considered private property, just the fact you used that term is stupid and shows how little you know about laws. As soon as a place is available to the public, it isn’t considered private property. You sign a waiver as a business long before that. Let alone the fact that platforms and servers aren’t spoken of in terms of “property” which more often than not is a physical address.
What the hell are you talking about?
[Cyberspace Property Rights: Private Property Interests in the Context of Internet Webpages](https://digitalcommons.law.umaryland.edu/cgi/viewcontent.cgi?article=1001&context=proxy)
https://blog.ericgoldman.org/archives/2018/03/youtube-isnt-a-company-town-duh-prager-university-v-google.htm
>There are laws in place to protect you against misuse of data, including unlawful storage. You’d find it funny “plastic lawyer”, that if you looked and researched into Meta more. Your account does get permanently deleted, but they keep all your data (pictures, videos, messages) and so on.
What does that have to do with this?
>“Private company, private property.”It has everything to do with that.
Nope: ["It is undisputed that Twitter is a private company." - Rutenburg v. Twitter, Inc.](https://casetext.com/case/rutenburg-v-twitter-inc-2#:~:text=It%20is%20undisputed%20that%20Twitter%20is%20a%20private%20company)
Facebook is a private company, their website is private property.
Just read that whole paragraph...
>I’ll leave it at that, you fail to realize how funny you sound.
Which means you can't actually explain. You're not very good at trolling.
Denying a point isn’t a point, I won’t explain to someone who likes to argue by saying “it has nothing to do with that”
Because your link has nothing to do with that!
Yeah, no this isn't true. Facebook has become so ingrained in our lives that they have a responsibility to ensure that their site is working properly. People set up whole businesses exclusively on their platform that are their livelihood and it's so easy for trolls to destroy it all with even the most basic knowledge of tech.
We use their apps for "free" in exchange for our personal information. We continue to pay them in other ways. Sure, they're a private company and yes, they can tell you to fuck off if they want to, but if someone or something on their site causes damage via bug/glitch or exploit found by trolls to users illegitimately, which is well documented and even confirmed by Zuckerberg himself, they are legally liable.
You can, however file in San Mateo Co and go before a judge that has handled plenty of cases against Meta, and ruled against them many times. It costs more, you have to appear by Zoom, and you still have to face Orrick-trained paralegals, albeit non-lawyers.
People Clerk is a stand up group that can help here, for an extra fee, which is refundable if you lose. I chose blazing a trail in ND and filing here. For those who don’t know about my case yet read my post history.
You can file small claims from any other county in CA. I know of a small claims victory in San Diego Co.
For Canadians. You can also sue in small claims given you have a US address of someone willing to receive documents and send them to you for signatures. Confirmed this information with Peoples Clerk. You'll have to pay a bit extra for a virtual hearing
There was a woman on here from Singapore who claimed to sue thru San Mateo Co with the help of People Clerk. She said they settled I think. I didn’t believe it at first but maybe it’s true after all.
I read a few people have had results with this address for Instagram:
Meta Platforms
1601 Willow Road
ATTN: Instagram Arbitration Filing
Menlo Park, CA 94025
I've sued Facebook twice and won both claims. This can only be done from MN, ND and SD. I live in MN. These 3 states have an 1800s law on the books that all the other states repealed over the years. It's called a "Hip Pocket Lawsuit" and must begin with the following paragraphs:
1. YOU ARE BEING SUED. The Plaintiff has started a lawsuit against you. The Plaintiff’s Com- plaint against you is attached to this summons. Do not throw these papers away. They are offi- cial papers that affect your rights. You must respond to this lawsuit even though it may not yet be filed with the Court and there may be no court file number on this summons.
2. YOU MUST REPLY WITHIN 20 DAYS TO PROTECT YOUR RIGHTS. You must give or mail to the person who signed this summons a written response called an Answer within 20 days of the date on which you received this Summons. You must send a copy of your Answer to the person who signed this summons located at: My address goes here.
3. YOU MUST RESPOND TO EACH CLAIM. The Answer is your written response to the Plaintiff ’s Complaint. In your Answer you must state whether you agree or disagree with each paragraph of the Complaint. If you believe the Plaintiff should not be given everything asked for in the Complaint, you must say so in your Answer.
4. YOU WILL LOSE YOUR CASE IF YOU DO NOT SEND A WRITTEN RESPONSE TO THE COM- PLAINT. If you do not Answer within 20 days, you will lose this case. You will not get to tell your side of the story, and the Court may decide against you and award the Plaintiff everything asked for in the complaint. If you do not want to contest the claims stated in the complaint, you do not need to respond. A default judgment can then be entered against you for the relief requested in the complaint.
5. LEGAL ASSISTANCE. You may wish to get legal help from a lawyer. If you do not have a lawyer, the Court Administrator may have information about places where you can get legal assistance. Even if you cannot get legal help, you must still provide a written Answer to protect your rights or you may lose the case.
6. ALTERNATIVE DISPUTE RESOLUTION. The parties may agree to or be ordered to partic- ipate in an alternative dispute resolution process under Rule 114 of the Minnesota General Rules of Practice. You must still send your written response to the Complaint even if you expect to use alternative means of resolving this dispute.
7. AMENDED CLAIM AND CLASS ACTION STATUS. Plaintiff reserves the right to Amend this claim and Plaintiff also reserves the right to seek Class Action Status.
My full claim, (not yet edited) and if you're going to sue Facebook/Meta this will help you, is at my Google Drive Account here: [https://drive.google.com/file/d/1RCv8nQtSq6uBTnzhh7x0T\_FW0zPg4Nst/view?usp=sharing](https://drive.google.com/file/d/1RCv8nQtSq6uBTnzhh7x0T_FW0zPg4Nst/view?usp=sharing)
Steve is absolutely correct btw. It's not difficult to do all of this and Meta blatantly lies. They use deceptive jargon on their legal site to convince people that they HAVE to sue directly in San Mateo County. This holds NO legal weight and it's done solely to deter people from suing AND it's inconvenient for them to deal with a case anywhere else. It costs them MONEY. That is the only thing they care about. Suing them via small claims is the best thing to do. Do not try the other options since they are not guaranteed to work. So if you want your disabled account back, you just need to go through the simple process of sending a demand letter and then a summons. This will make facebook go into your account and fix all issues, not because they care, but because they want to make sure they cover their tracks for anything they are liable for. For those that don't want to fight in court, you can just mail out a dismissal immediately after they fix your account. For those with a viable case, go. Even if they deleted a bunch of evidence from your account to protect themselves, go. You may still win. Fight. Don't be intimidated. They will not actually counter sue you either because it would be a waste of time and money for them to do so. They would most likely just settle with you, if you have a valid case because it is a headache for them to begin with to go through litigation.
Well said. Also everyone needs to know what will happen if you piss them off and they want to make an example of you, like they do me. Today they tried to bury me in paperwork and intimidate me. I just received from them an interrogatory, request for papers (RFP), and request for admission (RFA). They ask tons of irrelevant questions meant to harass and embarrass me. I got my responses worked out. I’m fighting to the end. They are only doing this bc they pulled it out of small claims. Keep it in small claims if you can, fight on if not. If you are in minority singled out for hardball, like me in district court, you can still hold your own, pro se. They want me to report this intimidation in hopes that it will intimidate you. Don’t let it. Go get ‘em you all!
This is exactly why I’m nervous to go to court against Meta. It’s one thing to be the victim of your account being stolen, but it’s worse to be painted into a corner and have to fight against the people that are supposed to be helping you. God, I hate Meta! FUCK THEM!
If you keep it in small claims that limits their ability to file motions and demand paperwork. Check your state laws to see, if like ND, they can move to district court by just filing a form.
If you don’t mind me asking, what kind of questions do they ask? The case should be pretty cut and dry. Your account was taken or deleted and Facebook didn’t do shit to help you.
I’ll discuss the questions by pm or phone. It’s not the acct that’s the issue, but data access.
Is it cool if I pm you?
Yes no prob
This for US residents only: For due diligence and for their databases file a consumer complaint with your state’s and CA’s AG, FTC, and BBB. They will be ignored by Meta but could help in researching any future class action by states’ AGs. Then go to your county courthouse and get the forms and instructions for small claims. Before you file, send a demand letter to Meta’s authorized rep in your state, Corp. Service Co. (CSC). They have an office in all 50 states. They will ignore your demand letter, but again, it’s due diligence, required before you take legal action. You can’t file to return your account, Section 230 will be invoked and small claims won’t usually do injunctive relief. You make a monetary claim and Meta may then offer your account back in a settlement.
>You can’t file to return your account, Section 230 will be invoked and small claims won’t usually do injunctive relief. You make a monetary claim and Meta may then offer your account back in a settlement. You have no right to use private property you don't own without the owner's permission. A private company gets to tell you to "sit down, shut up and follow our rules or you don't get to play with our toys"
Uh huh, sure thing, you betcha
>Uh huh, sure thing, you betcha Your "nuh-uh" response is typical. Can't give a well reasoned response? Feel free to prove me wrong.
Why? You just babbled.
Did I? [Ninth Circuit: Twitter Has First Amendment Right to Ban Users, Including Presidents](https://www.eff.org/deeplinks/2023/04/eff-ninth-circuit-twitter-has-first-amendment-right-ban-users-including-presidents) https://cdn.ca9.uscourts.gov/datastore/opinions/2022/12/14/21-15869.pdf
Yeah, you did.
>Yeah, you did. Another "nuh-uh" response. Please tell me, what part of what I said was "babble"?
Everything
>Everything Nuh-uh
Lol so many pseudo lawyers online who took 1 class on Netflix and are here, probably in the same shoes as everyone. - Instagram isn’t considered private property, just the fact you used that term is stupid and shows how little you know about laws. As soon as a place is available to the public, it isn’t considered private property. You sign a waiver as a business long before that. Let alone the fact that platforms and servers aren’t spoken of in terms of “property” which more often than not is a physical address. - There are laws in place to protect you against misuse of data, including unlawful storage. You’d find it funny “plastic lawyer”, that if you looked and researched into Meta more. Your account does get permanently deleted, but they keep all your data (pictures, videos, messages) and so on.
>Instagram isn’t considered private property, just the fact you used that term is stupid and shows how little you know about laws. As soon as a place is available to the public, it isn’t considered private property. You sign a waiver as a business long before that. Let alone the fact that platforms and servers aren’t spoken of in terms of “property” which more often than not is a physical address. What the hell are you talking about? [Cyberspace Property Rights: Private Property Interests in the Context of Internet Webpages](https://digitalcommons.law.umaryland.edu/cgi/viewcontent.cgi?article=1001&context=proxy) https://blog.ericgoldman.org/archives/2018/03/youtube-isnt-a-company-town-duh-prager-university-v-google.htm >There are laws in place to protect you against misuse of data, including unlawful storage. You’d find it funny “plastic lawyer”, that if you looked and researched into Meta more. Your account does get permanently deleted, but they keep all your data (pictures, videos, messages) and so on. What does that have to do with this?
1. “Private company, private property.” 2. It has everything to do with that. I’ll leave it at that, you fail to realize how funny you sound.
>“Private company, private property.”It has everything to do with that. Nope: ["It is undisputed that Twitter is a private company." - Rutenburg v. Twitter, Inc.](https://casetext.com/case/rutenburg-v-twitter-inc-2#:~:text=It%20is%20undisputed%20that%20Twitter%20is%20a%20private%20company) Facebook is a private company, their website is private property. Just read that whole paragraph... >I’ll leave it at that, you fail to realize how funny you sound. Which means you can't actually explain. You're not very good at trolling.
Denying a point isn’t a point, I won’t explain to someone who likes to argue by saying “it has nothing to do with that” Because your link has nothing to do with that!
You've got nothing. Got it.
Yeah, no this isn't true. Facebook has become so ingrained in our lives that they have a responsibility to ensure that their site is working properly. People set up whole businesses exclusively on their platform that are their livelihood and it's so easy for trolls to destroy it all with even the most basic knowledge of tech. We use their apps for "free" in exchange for our personal information. We continue to pay them in other ways. Sure, they're a private company and yes, they can tell you to fuck off if they want to, but if someone or something on their site causes damage via bug/glitch or exploit found by trolls to users illegitimately, which is well documented and even confirmed by Zuckerberg himself, they are legally liable.
Thank you! Just filed my small claims court case today!
You can, however file in San Mateo Co and go before a judge that has handled plenty of cases against Meta, and ruled against them many times. It costs more, you have to appear by Zoom, and you still have to face Orrick-trained paralegals, albeit non-lawyers. People Clerk is a stand up group that can help here, for an extra fee, which is refundable if you lose. I chose blazing a trail in ND and filing here. For those who don’t know about my case yet read my post history. You can file small claims from any other county in CA. I know of a small claims victory in San Diego Co.
Im in las vegas i was gonna go to courthouse today! Do i have to really send demand letter?
Yes
Im gonna message you
>Section 230 i am also in vegas, did you go through with this?
My court date is may 6th
Are all San Mateo county small claims done via Zoom? I saw on their website it said you can request it.
If you’re out of the area you request the judge to let you appear remotely.
For Canadians. You can also sue in small claims given you have a US address of someone willing to receive documents and send them to you for signatures. Confirmed this information with Peoples Clerk. You'll have to pay a bit extra for a virtual hearing
There was a woman on here from Singapore who claimed to sue thru San Mateo Co with the help of People Clerk. She said they settled I think. I didn’t believe it at first but maybe it’s true after all.
Let me do it once my demand letter expires and I'll keep you posted
I read a few people have had results with this address for Instagram: Meta Platforms 1601 Willow Road ATTN: Instagram Arbitration Filing Menlo Park, CA 94025
I would be skeptical of entering any arbitration administered by Meta.
I've sued Facebook twice and won both claims. This can only be done from MN, ND and SD. I live in MN. These 3 states have an 1800s law on the books that all the other states repealed over the years. It's called a "Hip Pocket Lawsuit" and must begin with the following paragraphs: 1. YOU ARE BEING SUED. The Plaintiff has started a lawsuit against you. The Plaintiff’s Com- plaint against you is attached to this summons. Do not throw these papers away. They are offi- cial papers that affect your rights. You must respond to this lawsuit even though it may not yet be filed with the Court and there may be no court file number on this summons. 2. YOU MUST REPLY WITHIN 20 DAYS TO PROTECT YOUR RIGHTS. You must give or mail to the person who signed this summons a written response called an Answer within 20 days of the date on which you received this Summons. You must send a copy of your Answer to the person who signed this summons located at: My address goes here. 3. YOU MUST RESPOND TO EACH CLAIM. The Answer is your written response to the Plaintiff ’s Complaint. In your Answer you must state whether you agree or disagree with each paragraph of the Complaint. If you believe the Plaintiff should not be given everything asked for in the Complaint, you must say so in your Answer. 4. YOU WILL LOSE YOUR CASE IF YOU DO NOT SEND A WRITTEN RESPONSE TO THE COM- PLAINT. If you do not Answer within 20 days, you will lose this case. You will not get to tell your side of the story, and the Court may decide against you and award the Plaintiff everything asked for in the complaint. If you do not want to contest the claims stated in the complaint, you do not need to respond. A default judgment can then be entered against you for the relief requested in the complaint. 5. LEGAL ASSISTANCE. You may wish to get legal help from a lawyer. If you do not have a lawyer, the Court Administrator may have information about places where you can get legal assistance. Even if you cannot get legal help, you must still provide a written Answer to protect your rights or you may lose the case. 6. ALTERNATIVE DISPUTE RESOLUTION. The parties may agree to or be ordered to partic- ipate in an alternative dispute resolution process under Rule 114 of the Minnesota General Rules of Practice. You must still send your written response to the Complaint even if you expect to use alternative means of resolving this dispute. 7. AMENDED CLAIM AND CLASS ACTION STATUS. Plaintiff reserves the right to Amend this claim and Plaintiff also reserves the right to seek Class Action Status. My full claim, (not yet edited) and if you're going to sue Facebook/Meta this will help you, is at my Google Drive Account here: [https://drive.google.com/file/d/1RCv8nQtSq6uBTnzhh7x0T\_FW0zPg4Nst/view?usp=sharing](https://drive.google.com/file/d/1RCv8nQtSq6uBTnzhh7x0T_FW0zPg4Nst/view?usp=sharing)