August 8, 2024
The Ninth Circuit refused Thursday to rethink a split panel decision affirming certification of a damages class of potentially millions of advertisers who were allegedly deceived about Facebook’s “potential reach” tool, rejecting Meta Platforms Inc.’s warnings of unchecked fraud class actions.
According to the one-page order, U.S. Circuit Judges J. Clifford Wallace and Sidney R. Thomas voted against panel rehearing, while U.S. Circuit Judge Danielle J. Forrest supported taking another look, the divide lining up with the panel’s split March decision.
“The full court has been advised of Meta’s petition for rehearing en banc, and no judge of the court has requested a vote on the petition for rehearing en banc,” the appellate court said in denying the petition for panel or full court reconsideration.
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The advertisers are represented by Geoffrey Graber, Andrew N. Friedman, Karina G. Puttieva, Madelyn Petersen and Eric A. Kafka of Cohen Milstein Sellers & Toll PLLC, and Charles Reichmann.
Read 9th Circ. Won’t Rethink OK’ing Ad Class Cert. Against Meta.