Case 2:16-cv-04955-SJO-FFM Document 1 Filed 07/07/16 Page 1 of 32 Page ID #:1
`
`
`
`
`
`
`
`GERAGOS & GERAGOS
`
` A PROFESSIONAL CORPORATION
`
` LAWYERS
`
` HISTORIC ENGINE CO. NO. 28
`
` 644 South Figueroa Street
`
` Los Angeles, California 90017-3411
`
` Telephone (213) 625-3900
`
` Facsimile (213) 232-3255
`
` Geragos@Geragos.com
`
`MARK J. GERAGOS (SBN 108325)
`BEN MEISELAS (SBN277412)
`Attorneys For Plaintiff John Doe, by and through his
`Guardian Ad Litem Lynette Young, on
`behalf of himself and all others similarly situated
`
`
`
`
`
`UNITED STATES DISTRICT COURT
`
`FOR THE CENTRAL DISTRICT OF CALIFORNIA
`
`
`
`Plaintiffs,
`
`vs.
`
`JOHN DOE, a minor by and through his
`Guardian Ad Litem Lynette Young, on
`behalf of himself and all others similarly
`situated,
`
`
`
`
`
`SNAPCHAT, INC., A Delaware
`Corporation, and DOES 1-20
`
`
`
`
`_______________________________
`
`
`
`Defendants
`
`
`
`
`
`Case No.: 2:16-cv-04955
`
`CLASS COMPLAINT
`FOR DAMAGES
`
`
`1. Violations of Unfair Business
`Practices Act [Cal. Bus. & Prof.
`Code § 17200, et seq.]
`2. Negligence Per Se
`3. Violations of 47 U.S.C. §230, et
`seq.
`4. Unjust Enrichment
`5. Injunctive Relief
`
`
`DEMAND FOR JURY TRIAL
`
`
`
`)
`)
`)
`)
`)
`)
`)
`)
`)
`)
`)
`)
`)
`)
`)
`)
`)
`)
`)
`)
`)
`
`
`
`
`
`
`
`
`
`
`
`1
`
`2
`
`3
`
`4
`
`5
`
`6
`
`7
`
`8
`
`9
`
`10
`
`11
`
`12
`
`13
`
`14
`
`15
`
`16
`
`17
`
`18
`
`19
`
`20
`
`21
`
`22
`
`23
`
`24
`
`25
`
`26
`
`27
`
`28
`
`

`

`Case 2:16-cv-04955-SJO-FFM Document 1 Filed 07/07/16 Page 2 of 32 Page ID #:2
`
`
`
`1
`
`2
`
`3
`
`4
`
`5
`
`6
`
`7
`
`8
`
`9
`
`10
`
`11
`
`12
`
`13
`
`14
`
`15
`
`16
`
`17
`
`18
`
`19
`
`20
`
`21
`
`22
`
`23
`
`24
`
`25
`
`26
`
`27
`
`28
`
`COMPLAINT
`
`1.
`
`Plaintiff John Doe brings this putative class action, on behalf of himself and a
`
`putative class comprised of approximately 150 million users of “Snapchat,” a wildly
`
`popular internet computer service and application developed by Snapchat, Inc.
`
`2.
`
`This putative class action is based on Snapchat‟s willful and intentional
`
`violations of the Communications Decency Act, specifically 47 U.S.C. §230 and 47 U.S.C.
`
`§231, in addition to other violations of State consumer law1.
`
`3.
`
`In 2015, in an effort to monetize its interactive platform, Snapchat developed
`
`Snapchat Discover, an integrated feature on Snapchat where Snapchat, Inc. creates,
`
`generates, curates, develops, and promotes content jointly with “media partners” which
`
`include DailyMail, Buzzfeed, Vice, Cosmopolitan, Fusion, MTV, and a handful of other
`
`popular media publishers. Snapchat selects the media partners for Snapchat Discover and
`
`exercises direct control over its editorial content and what is published to the consumer.
`
`4.
`
`Although Snapchat claims to have pivoted away from its founding roots
`
`which included promoting surreptitious “sexting” with disappearing text and images, the
`
`content Snapchat develops and curates on Snapchat Discover paints a different and
`
`dangerous picture.
`
`5.
`
`Specifically, through Snapchat Discover, Snapchat is currently engaged in an
`
`insidious pattern and practice of intentionally exposing minors to harmful, offensive,
`
`prurient, and sexually offensive content, without warning minors or their parents that they
`
`would be exposed to such explicit content.
`
`6. Millions of parents in the United States today are unaware that Snapchat is
`
`curating and publishing this profoundly sexual and offensive content to their children.
`
`7.
`
`By engaging in such conduct directed at minors, and making it simple and
`
`easy for users to “snap” each other content from Snapchat Discover, Snapchat is reinforcing
`
`the use of its service to facilitate problematic communications, such as “sexting,” between
`
`
`1 WARNING: The images and content contained in this Complaint are not suitable for minors. The images in this
`
`
`
`
`
`- 2 -
`
`

`

`Case 2:16-cv-04955-SJO-FFM Document 1 Filed 07/07/16 Page 3 of 32 Page ID #:3
`
`
`
`1
`
`2
`
`3
`
`4
`
`5
`
`6
`
`7
`
`8
`
`9
`
`10
`
`11
`
`12
`
`13
`
`14
`
`15
`
`16
`
`17
`
`18
`
`19
`
`20
`
`21
`
`22
`
`23
`
`24
`
`25
`
`26
`
`27
`
`28
`
`minors. Snapchat has placed profit from monetizing Snapchat Discover over the safety of
`
`children.
`
`8.
`
`9.
`
`The Communication Decency Act prohibits this conduct.
`
`Specifically, the Communication Decency Act requires internet computer
`
`services like Snapchat “at the time of entering an agreement with a customer for the
`
`provision of interactive computer service and in a manner deemed appropriate by the
`
`provider, to notify such customer that parental control protections (such as computer
`
`hardware, software, or filtering services) are commercially available that may assist the
`
`customer in limiting access to material that is harmful to minors. Such notice shall identify,
`
`or provide the customer with access to information identifying, current providers of such
`
`protections.”
`
`10.
`
`Snapchat’s “Terms of Service,” which are generally entered into directly by
`
`minors who even lack the capacity and consent to enter into contracts in the first place,
`
`includes no warnings about the offensive content on Snapchat Discover.
`
`11.
`
`The Communications Decency Act also provides a $50,000.00 civil penalty
`
`for each violation of the Act. Each day a violation occurs constitutes a separate violation.
`
`12. As demonstrated below, a random sample of the content Snapchat and its
`
`media partners post on Snapchat Discover, and encourage users to share, from the period of
`
`just July 1, 2016 through July 3, 2016, demonstrates that millions of minors are being
`
`exposed to content that would shock any parent’s conscience. Worse yet, the biggest
`
`offender in sharing offensive communications with minors is not user to user
`
`communications, but is instead communications that Snapchat is sending and promoting to
`
`minors through Snapchat Discover.
`
`13.
`
`This putative class action seeks a simple, but important solution (1) to hold
`
`Snapchat financially accountable for the civil penalties it owes for each violation of law,
`
`and (2) to compel Snapchat to proactively warn parents and children about the content it
`
`curates and/or to develop basic access controls and filters that differentiate minor users
`
`
`
`
`
`- 3 -
`
`

`

`Case 2:16-cv-04955-SJO-FFM Document 1 Filed 07/07/16 Page 4 of 32 Page ID #:4
`
`
`
`from adult users.
`
`JURISDICTION AND VENUE
`
`21.
`
`This Court has diversity jurisdiction over this class action pursuant to 28
`
`U.S.C. § 1332(d)(2) because the matter in controversy, exclusive of interest and costs,
`
`exceeds $5,000,000 and is a class action in which some members of the class are citizens of
`
`states different from the states where Defendants are citizens.
`
`22. Venue is proper in this Court pursuant to 28 U.S.C. § 1391 because many of
`
`the acts and transactions giving rise to this action occurred in this District as Defendant: (a)
`
`is authorized to conduct business in this District and has intentionally availed itself to the
`
`laws and markets within this District through the promotion, marketing, distribution and
`
`sale of its products in this District: (b) currently does substantial business in this District;
`
`and (c) is subject to personal jurisdiction in this District.
`
`PARTIES
`
`23. At all relevant times John Doe was a resident of Los Angeles County,
`
`California, and a citizen of California. Plaintiff, on behalf of himself and the putative
`
`National class, and California sub-classes, brings this class action against Snapchat, Inc.
`
`24. Defendant Snapchat Inc. is a Delaware Corporation with its principal place of
`
`business in Venice, California. Each of the DOES 1-10 is the agent, servant, partner, joint-
`
`venturer, co-venturer, “media partner,” principal, director, officer, manager, employee, or
`
`shareholder of one or more of its co-defendant(s) who aided, abetted, controlled, and
`
`directed or conspired with and acted in furtherance of said conspiracy with one or more of
`
`its co-defendant(s) in said co-defendant(s) performance of the acts and omissions described
`
`below. Plaintiff sues each of these Doe Defendants by these fictitious names because
`
`Plaintiff does not know these Defendants' true names and capacities. Despite reasonable
`
`efforts, Plaintiff has not been able to ascertain the identity of DOES 1-20.
`
`1
`
`2
`
`3
`
`4
`
`5
`
`6
`
`7
`
`8
`
`9
`
`10
`
`11
`
`12
`
`13
`
`14
`
`15
`
`16
`
`17
`
`18
`
`19
`
`20
`
`21
`
`22
`
`23
`
`24
`
`25
`
`26
`
`27
`
`28
`
`
`
`
`
`- 4 -
`
`

`

`Case 2:16-cv-04955-SJO-FFM Document 1 Filed 07/07/16 Page 5 of 32 Page ID #:5
`
`
`
`1
`
`2
`
`3
`
`4
`
`5
`
`6
`
`7
`
`8
`
`9
`
`10
`
`11
`
`12
`
`13
`
`14
`
`15
`
`16
`
`17
`
`18
`
`19
`
`20
`
`21
`
`22
`
`23
`
`24
`
`25
`
`26
`
`27
`
`28
`
`25.
`
`Plaintiff further alleges that each Defendant is directly liable and/or
`
`vicariously, jointly and severally liable for the violations of the California Consumers Legal
`
`Remedies Act and the California Unfair Business Practice Act.
`
`26. At all times relevant, Plaintiff directly viewed the highly offensive sexual
`
`conduct directed at him by Snapchat, Inc, which is provided below in this Complaint.
`
`27. Upon information and belief, Snapchat, Inc‟s conduct directly affects
`
`approximately 150 million users, to whom Snapchat owes a legal duty of care and to whom
`
`Snapchat is directly responsible for damages for each day of each violation.
`
`FACTUAL ALLEGATIONS
`
`SNAPCHAT DISCOVER
`
`Snapchat is an interactive computer service that provides a mobile application
`
`A.
`
`28.
`
`allowing consumers to send and receive photo and video messages known as “snaps.”
`
`Snapchat markets itself as an “ephemeral” messaging application, having claimed that once
`
`a certain period of time expires, the snap “disappears forever.”
`
`29. According to International Business Times, “Back in 2013, Snapchat was
`
`solely a one-to-one messaging app. While popular among college students, it had yet to go
`
`mainstream or provide much to interest publishers. The narrative began to change when
`
`Snapchat introduced „Stories,‟ or 24-hour feeds for each user's photos, in October 2013.
`
`Storytelling expanded from individual accounts to publishers through the launch of „Our
`
`Stories‟ on June 17, 2014. Then, on Jan. 27, 2015, Discover entered the picture.”2
`
`30. On January 27, 2015, Snapchat formally announced a new feature called
`
`“Snapchat Discover.” Snapchat announced:
`Today we’re introducing Discover.
`
`Snapchat Discover is a new way to explore Stories from different
`editorial teams. It’s the result of collaboration with world-class
`leaders in media to build a storytelling format that puts the
`narrative first. This is not social media.
`
`
`2 http://www.ibtimes.com/snapchat-discover-one-year-later-how-23-media-companies-are-building-stories-evan-
`2281851
`
`
`
`
`
`- 5 -
`
`

`

`Case 2:16-cv-04955-SJO-FFM Document 1 Filed 07/07/16 Page 6 of 32 Page ID #:6
`
`
`
`1
`
`2
`
`3
`
`4
`
`5
`
`6
`
`7
`
`8
`
`9
`
`10
`
`11
`
`12
`
`13
`
`14
`
`15
`
`16
`
`17
`
`18
`
`19
`
`20
`
`21
`
`22
`
`23
`
`24
`
`25
`
`26
`
`27
`
`28
`
`
`Social media companies tell us what to read based on what’s most
`recent or most popular. We see it differently. We count on editors
`and artists, not clicks and shares, to determine what’s important.3
`
`31.
`
`Snapchat entered into partnerships with popular media publishers for
`
`Snapchat Discover including DailyMail, Buzzfeed, Vice, Cosmopolitan, Fusion, MTV, and
`
`others.
`
`32. As stated in its announcement, Snapchat Discover “is not social media.”
`
`Snapchat exercises significant control, and in some cases complete control, over content
`
`published by its media partners. Snapchat curates, directs, and lends its own in-house
`
`editorial team to generate content with its media partners. Snapchat shares in the
`
`advertising revenue based on advertisements displayed within the content on Snapchat
`
`Discover. Snapchat‟s control over the content of its media partners was discussed recently
`
`by a representative from Snapchat‟s media partner Fusion, who stated, “The amount of time
`
`that [Snapchat] dedicate[s] to us is unbelievable. . . Honestly, it‟s something that you do not
`
`see with all the platforms. They encourage us to try different things and tweak the format.4”
`
`33. Additionally, Snapchat had unilaterally terminated relationships with media
`
`partners such as Yahoo when it objected to the editorial direction.5
`
`34.
`
`Snapchat Discover was originally accessible by swiping to a separate area on
`
`the Snapchat application. Snapchat Discover originally looked like this:
`
`
`
`
`
`
`
`
`
`
`
`
`3 http://snapchat-blog.com/post/109302961090/introducing-discover
`4 http://www.ibtimes.com/snapchat-discover-one-year-later-how-23-media-companies-are-building-stories-evan-
`2281851
`5 Id.
`
`
`
`
`
`- 6 -
`
`

`

`Case 2:16-cv-04955-SJO-FFM Document 1 Filed 07/07/16 Page 7 of 32 Page ID #:7
`
`1
`
`2
`
`3
`
`4
`
`5
`
`6
`
`7
`
`8
`
`9
`
`10
`
`11
`
`12
`
`13
`
`14
`
`15
`
`16
`
`17
`
`18
`
`19
`
`20
`
`21
`
`22
`
`23
`
`24
`
`25
`
`26
`
`27
`
`28
`
`
`
`
`
`
`
`
`
`
`
`
`
`35.
`
`Snapchat Discover has recently been given a more prominent placement on
`
`Snapchat‟s main user-to-user communication area, in addition to having its own separate
`
`area that can be accessed by swiping through the application. Here is how Snapchat
`
`Discover looks today. Snapchat Discover media partners are found on the horizontal bar
`
`above the daily stories posted by the user‟s friends.
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`36.
`
`Since the introduction of Snapchat Discover, Snapchat has continued to grow
`
`exponentially.
`
`37.
`
`From May 2015 to May 2016, Snapchat's daily video views have grown
`
`400% over the course of the year (from 2 billion to 10 billion, according to Bloomberg).6
`
`At a linear monthly growth rate of 33%, Snapchat will surpass 18 billion daily video views
`
`by May 2017. Advertising revenue from the Discover page has paralleled this growth.
`
`
`6 http://www.bloomberg.com/news/articles/2016-04-28/snapchat-user-content-fuels-jump-to-10-billion-daily-video-
`views
`
`
`
`
`
`- 7 -
`
`

`

`Case 2:16-cv-04955-SJO-FFM Document 1 Filed 07/07/16 Page 8 of 32 Page ID #:8
`
`
`
`1
`
`2
`
`3
`
`4
`
`5
`
`6
`
`7
`
`8
`
`9
`
`10
`
`11
`
`12
`
`13
`
`14
`
`15
`
`16
`
`17
`
`18
`
`19
`
`20
`
`21
`
`22
`
`23
`
`24
`
`25
`
`26
`
`27
`
`28
`
`According to Re/code, Snapchat ads are seen anywhere between 500,000 to a million times
`
`per day7.
`
`38.
`
`Snapchat now has approximately 150 million users each day. Approximately
`
`23 percent (or 34.5 million) are between the ages of 13-178. Snapchat‟s popularity among
`
`the 13-17 demographic is among its largest growth sectors, as children are replacing instant
`
`messaging, SMS messaging, and text messaging, with Snapchat as their primary mode of
`
`daily communication.
`
`39.
`
`Snapchat user communications and Snapchat Discover are completely
`
`integrated allowing users to easily share, comment on, draw over, and discuss topics and
`
`content found on Snapchat Discover. In essence, Snapchat Discover sets a tone and
`
`provides certain topics that users can easily share and discuss on Snapchat.
`
`40.
`
`For example, Snapchat‟s media partners post interactive messages such as an
`
`image that says “Do You Like Me? Yes or No?” The user can circle the YES or NO or
`
`doddle over the image and quickly send it back to their friends.
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`41.
`
` However, more frequently these innocent images are becoming rare.
`
`Without warning, minors swiping through the Discover Page are being introduced to
`
`
`7 http://www.recode.net/2015/3/12/11560116/snapchats-ad-rates-for-its-discover-feature-are-really-high
`8 http://www.statista.com/statistics/326452/snapchat-age-group-usa/
`
`
`
`
`
`- 8 -
`
`

`

`Case 2:16-cv-04955-SJO-FFM Document 1 Filed 07/07/16 Page 9 of 32 Page ID #:9
`
`
`
`1
`
`2
`
`3
`
`4
`
`5
`
`6
`
`7
`
`8
`
`9
`
`10
`
`11
`
`12
`
`13
`
`14
`
`15
`
`16
`
`17
`
`18
`
`19
`
`20
`
`21
`
`22
`
`23
`
`24
`
`25
`
`26
`
`27
`
`28
`
`offensive adult-rated content that parents would likely prohibit if they know their children
`
`were being given unrestricted access to the content by Snapchat.
`
`42.
`
`For example, the same child scrolling past an image of “Do you like me?”
`
`would also see the following if they accessed Snapchat Discover from July 1, 2016 through
`
`July 3, 2016:
`
` An article called, “10 Things He Thinks When He Can’t Make You
`
`Orgasm.” The article begins: “Orgasms. For most people, the word puts a
`
`smile on their face.” There is an image of two dolls having sex with a
`
`puppy in the background.
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
` An article called: “I Got High, Blown, and Robbed When I Was A Pizza
`
`Delivery Guy.” The accompanying picture is of a teenage pizza delivery
`
`boy witha thumbs up.
`
`- 9 -
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`

`

`Case 2:16-cv-04955-SJO-FFM Document 1 Filed 07/07/16 Page 10 of 32 Page ID #:10
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`1
`
`2
`
`3
`
`4
`
`5
`
`6
`
`7
`
`8
`
`9
`
`10
`
`11
`
`12
`
`13
`
`14
`
`15
`
`16
`
`17
`
`18
`
`19
`
`20
`
`21
`
`22
`
`23
`
`24
`
`25
`
`26
`
`27
`
`28
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
` An article called “F#ck Buddies Talk About How They Kept It Casual.”
`
`The accompanying image is of two teenagers or young adults raising their
`
`hands in victory. The article begins: “What if you could have sex with no
`
`strings? Become “fuck buddies” with someone without it souring when
`
`one of you inevitably gets more caught up in the relationship than the
`
`other? Sounds unlikely, right?”
`
` An article called “People Share Their Secret Rules for Sex,” which
`
`features a picture a female teacher with a rule book. An example of one of
`
`the “rules” is: “Do not shove my head towards your dick while we‟re
`
`hooking up in hopes of me giving you a blowjob. If I‟m going to do it, I‟ll
`
`do it, so relax. Same applies to butt stuff.”
`
`- 10 -
`
`

`

`Case 2:16-cv-04955-SJO-FFM Document 1 Filed 07/07/16 Page 11 of 32 Page ID #:11
`
`1
`
`2
`
`3
`
`4
`
`5
`
`6
`
`7
`
`8
`
`9
`
`10
`
`11
`
`12
`
`13
`
`14
`
`15
`
`16
`
`17
`
`18
`
`19
`
`20
`
`21
`
`22
`
`23
`
`24
`
`25
`
`26
`
`27
`
`28
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
` Additional articles include: “14 Sex Problems Only Lesbians
`
`Understand,” next to a picture of scissors, “Everything You Ever Wanted
`
`To Know About Penis Tattoos,” next to a picture of a tattooed banana,
`
`“People Tell Us Their Weirdest Stoner Snacks,” next to pictures of a
`
`bongs and ketchup, and “14 Drunk Convos Every Woman Has Had.”
`
` The Discover page also features random graphics, which are intended to be
`
`shared with friends on Snapchat, containing statements such as “Beware of
`
`- 11 -
`
`

`

`Case 2:16-cv-04955-SJO-FFM Document 1 Filed 07/07/16 Page 12 of 32 Page ID #:12
`
`1
`
`2
`
`3
`
`4
`
`5
`
`6
`
`7
`
`8
`
`9
`
`10
`
`11
`
`12
`
`13
`
`14
`
`15
`
`16
`
`17
`
`18
`
`19
`
`20
`
`21
`
`22
`
`23
`
`24
`
`25
`
`26
`
`27
`
`28
`
`Whiskey Dick,” or cartoon of a nude female riding a phallic space ship,
`
`with the text “THANKS FOR WATCHING!”
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`43. Alarmingly, this above content is only from three days on Snapchat Discover
`
`and represents only a fraction of the adult content from those days.
`
`44. While adults should be free to consume any of this material, and may
`
`themselves find it to be humorous and witty, the fact that Snapchat does not differentiate
`
`content offered to its minor users and adult users is problematic, and ultimately a violation
`
`of Federal and State consumer law. Compounding matters is that adult content and images
`
`appears to be directly marketed and advertised to minors based on the use of cartoons,
`
`childhood relatable images, and very young looking models. Mixed with the content are
`
`messages from Snapchat which say: “If They Don‟t Snap You On A Daily Basis It Isn‟t
`
`Real.”
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`- 12 -
`
`

`

`Case 2:16-cv-04955-SJO-FFM Document 1 Filed 07/07/16 Page 13 of 32 Page ID #:13
`
`1
`
`2
`
`3
`
`4
`
`5
`
`6
`
`7
`
`8
`
`9
`
`10
`
`11
`
`12
`
`13
`
`14
`
`15
`
`16
`
`17
`
`18
`
`19
`
`20
`
`21
`
`22
`
`23
`
`24
`
`25
`
`26
`
`27
`
`28
`
`
`
`
`
`45.
`
`Snapchat controls and curates and in many cases helps create the the content
`
`it posts with its media partners shown above. Across all media partners, whether it is Vice
`
`News, Buzzfeed, MTV, or any other media partner, there is a clear pattern and practice of
`
`curating the Discover page with articles that emphasize hardcore sex and sexual themes and
`
`liberality of drug use.
`
`46.
`
`Snapchat is not an idle or passive observer of content published by third-party
`
`publishers on Snapchat Discover. Rather, it is involved in all aspects and all decisions
`
`made regarding content that is ultimately published.
`
`47.
`
`Plaintiff John Doe, and the putative class of minors, are undoubtedly
`
`interested in discovering new things on Snapchat. However, the decision to discover
`
`explicit adult material is not one that should be made for minors by Snapchat.
`
`B.
`
`48.
`
`SNAPCHAT TERMS OF SERVICE / COMMUNITY GUIDELINES
`
`Snapchat restricts use to individuals 13 and over. When an individual signs
`
`into Snapchat for the first time they are prompted to input their date of birth. They are also
`
`required to read and approve Snapchat‟s “Terms of Service.”9 Snapchat‟s Terms of Service
`
`was last updated on March 29, 2016 to address additional privacy concerns raised by
`
`Snapchat Discover. However, the updated Terms of Service nowhere addresses the adult
`
`content on Snapchat Discover. 10
`
`49.
`
`Snapchat‟s “Terms of Service,” Section 1: “Who Can Use the Service” states:
`
`
`
`No one under 13 is allowed to create an account or use the
`Services. We may offer additional Services with additional terms
`that may require you to be even older to use them. So please
`read all terms carefully.
`
`50. Only one other reference to the “age” of the user appears in Snapchat‟s Terms
`
`of Service on Section 10: “Purchase and Payments,” which states:
`
`
`9 https://www.snapchat.com/terms
`10 http://marketingland.com/snapchat-changed-terms-service-privacy-policy-170899
`
`
`
`
`
`- 13 -
`
`

`

`Case 2:16-cv-04955-SJO-FFM Document 1 Filed 07/07/16 Page 14 of 32 Page ID #:14
`
`1
`
`2
`
`3
`
`4
`
`5
`
`6
`
`7
`
`8
`
`9
`
`10
`
`11
`
`12
`
`13
`
`14
`
`15
`
`16
`
`17
`
`18
`
`19
`
`20
`
`21
`
`22
`
`23
`
`24
`
`25
`
`26
`
`27
`
`28
`
`
`
`
`
`It's your sole responsibility to manage your purchases. If you are
`under 18 (or younger than the age of legal majority in your place
`of residence), you must obtain your parent's or guardian's
`consent before making any purchases.
`
`51.
`
`There are no other references to “parents,” or “adult supervision,” or
`
`“additional terms that require you be even older,” or any similar information.
`
`52.
`
`The only information provided by Snapchat about sexually suggestive content
`
`is on its “Community Guidelines” section of its support website11. There, the Community
`
`Guidelines addresses only communications between users and not communications sent by
`
`Snapchat to users on Snapchat Discover. Strangely, the Community Guidelines addresses
`
`only sending “explicit content found outside of Snapchat” but remains silent on sending
`
`explicit content found within Snapchat. (emphasis supplied)
`
`53.
`
`Snapchat‟s “Community Guidelines” state:
`
`
`
`
`
`What not to Snap:
`
`Pornography
`
`Snapchat prohibits accounts that use public Stories to distribute
`sexually explicit content or promote sexually explicit content
`found outside of Snapchat.
`
`Sexually explicit content includes Snaps that depict real or
`implied sexual acts or nudity in a sexual context.
`
`Nudity or sexually suggestive content involving minors (people
`under the age of 18)
`
`Never post or send any nude or sexual content involving people
`under the age of 18 -- even yourself.
`
`This includes adding drawings or captions to a Snap to make it
`sexual -- even as a joke.
`
`
`
`11 https://support.snapchat.com/en-US/article/guidelines
`
`
`
`
`
`- 14 -
`
`

`

`Case 2:16-cv-04955-SJO-FFM Document 1 Filed 07/07/16 Page 15 of 32 Page ID #:15
`
`1
`
`2
`
`3
`
`4
`
`5
`
`6
`
`7
`
`8
`
`9
`
`10
`
`11
`
`12
`
`13
`
`14
`
`15
`
`16
`
`17
`
`18
`
`19
`
`20
`
`21
`
`22
`
`23
`
`24
`
`25
`
`26
`
`27
`
`28
`
`
`
`
`
`If you violate these rules, we may remove the offending content
`or terminate your account. If your account is terminated, you
`won’t be allowed to use Snapchat again.
`
`54.
`
`The content on Snapchat‟s Discover clearly includes both “implied sexual
`
`acts” and “sexual content involving people under the age of 18.” Snapchat makes this
`
`content equally available to minor users as it does to its adult users. The content Snapchat
`
`offers on Snapchat Discover consistently violates Snapchat‟s own Community Guidelines.
`
`If Snapchat were a user, it would be banned from using Snapchat.
`
`
`C.
`
`JOHN DOE AND THE PUTATIVE CLASS
`
`
`
`55.
`
`John Doe is a 14 year old boy who lives in Los Angeles, California. John
`
`gets good grades. His favorite class is history and science. John looks forward to attending
`
`college.
`
`56.
`
`Like most of his friends, John recently joined the “Snapchat craze.” John
`
`uses his account on Snapchat as his primary method of communicating with friends. John
`
`has fun posting pictures of himself using features from Snapchat‟s facial recognition
`
`technology. John also uses the video chat feature on Snapchat to stay connected with
`
`friends and relatives.
`
`57. On July 1, 2016, John was exploring Snapchat Discover when he came to an
`
`article posted by Snapchat and its media partner Buzzfeed which had pictures of his
`
`favorite Disney characters including those from movies he grew up with. However,
`
`something was obviously wrong and different with these images. The compilation of
`
`Disney images John accessed included pornographic text and innuendo next to the
`
`photographs. In fact, the photographic compilation was called: “23 Pictures That Are
`
`Too Real If You’ve Ever had Sex With A Penis.”
`
`58.
`
`Innocent pictures from John‟s favorite Disney movies were perverted into
`
`obscene sexual images and text.
`
`
`
`
`
`
`
`- 15 -
`
`

`

`Case 2:16-cv-04955-SJO-FFM Document 1 Filed 07/07/16 Page 16 of 32 Page ID #:16
`
`
`
`1
`
`2
`
`3
`
`4
`
`5
`
`6
`
`7
`
`8
`
`9
`
`10
`
`11
`
`12
`
`13
`
`14
`
`15
`
`16
`
`17
`
`18
`
`19
`
`20
`
`21
`
`22
`
`23
`
`24
`
`25
`
`26
`
`27
`
`28
`
`59.
`
`The pictures contained the captions: “When he pulls down his pants it‟s
`
`more beautiful than you could have imagined,” “When he came way harder than you
`
`expected,” “When he aims for your face but you have to protect your eyes,” “When he
`
`proceeds to get it all over your face . . . and clothes,” and “When he unexpectedly slaps
`
`your face with his penis.” Here is a sampling of the “Disney images” John saw:
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`60. When John swiped to content produced by Snapchat and its media partner
`
`Vice, he was equally perplexed and disturbed. The feature article was called: “What It Is
`
`
`
`
`
`- 16 -
`
`

`

`Case 2:16-cv-04955-SJO-FFM Document 1 Filed 07/07/16 Page 17 of 32 Page ID #:17
`
`
`
`1
`
`2
`
`3
`
`4
`
`5
`
`6
`
`7
`
`8
`
`9
`
`10
`
`11
`
`12
`
`13
`
`14
`
`15
`
`16
`
`17
`
`18
`
`19
`
`20
`
`21
`
`22
`
`23
`
`24
`
`25
`
`26
`
`27
`
`28
`
`Really Like to Let People Finger You in Public.” The article begins, “When they touch
`
`my vagina I say „You have 30 seconds – You have to look into my eyes.‟” The article
`
`includes images of strangers touching and groping a “performance artist” in public. Some
`
`of the reflections from the performance artist included, “So yeah, maybe some men were a
`
`bit stronger with the hands, some maybe put more fingers in my vagina. . .” This was the
`
`article that was posted.
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`61.
`
`John brought what he observed to the attention of his mother. John‟s mother
`
`was shocked and horrified to learn that such explicit content was actually being made
`
`available by Snapchat without warning, filters, or parental control.
`
`62.
`
`John Doe, by and through his mother and guardian, Lynette Young, are
`
`compelled to bring this class action on behalf of the millions of children and parents who
`
`have been deprived of the choice to monitor explicit material being made available by
`
`Snapchat to minors.
`
`CLASS ACTION ALLEGATIONS
`
`63.
`
`Plaintiff brings this class action on behalf of himself and all others similarly
`
`situated as Class Members pursuant to Rule 23 of the Federal Rules of Civil Procedure.
`
`64.
`
`Plaintiff seeks to represent a “National Class” defined as follows:
`
`All United States residents, including but not limited to a subclass
`
`
`
`
`
`- 17 -
`
`

`

`Case 2:16-cv-04955-SJO-FFM Document 1 Filed 07/07/16 Page 18 of 32 Page ID #:18
`
`
`
`1
`
`2
`
`3
`
`4
`
`5
`
`6
`
`7
`
`8
`
`9
`
`10
`
`11
`
`12
`
`13
`
`14
`
`15
`
`16
`
`17
`
`18
`
`19
`
`20
`
`21
`
`22
`
`23
`
`24
`
`25
`
`26
`
`27
`
`28
`
`of individuals between the ages of 13-17, who are or were
`
`registered users of Snapchat from January 27, 2015 to the present,
`
`excluding Defendant, Defendant’s officers, directors, and
`
`employees, Defendant’s subsidiaries, the Judge to which this case
`
`is assigned and the immediate family of the Judge to which this
`
`case is assigned.
`
`65.
`
`Plaintiff seeks to represent a “California Subclass” defined as follows:
`
`All California residents, including but not limited to a separate
`
`subclass of individuals between the ages of 13-17, who are or were
`
`registered users of Snapchat from January 27, 2015 to the present,
`
`excluding Defendant, Defendant’s officers, directors, and
`
`employees, Defendant’s subsidiaries, the Judge to which this case
`
`is assigned and the immediate family of the Judge to which this
`
`case is assigned.
`
`66.
`
`Plaintiff is a member of the putative class that he seeks to represent. Plaintiff
`
`is a United States resident, also residing in California, who is a registered user of Snapchat.
`
`67.
`
`The definition of the putative class is narrowly tailored so as to include only
`
`identifiable members who can be identified through Defendant‟s database of registered
`
`users for the discreet period of time from when Snapchat Discover launched on January 27,
`
`2015 through the present.
`
`68.
`
`The proposed class is so numerous that the individual joinder of all its
`
`members, in this or any action, is impracticable. The exact number or identification of the
`
`members of the putative class is presently unknown to Plaintiff, but it is believed to
`
`comprise millions of California and United States residents, thereby making joinder
`
`impractical.
`
`69. Common questions of fact and law exist as to all Class Members and
`
`predominate over questions affecting only individual members. These include, but are not
`
`
`
`
`
`- 18 -
`
`

`

`Case 2:16-cv-04955-SJO-FFM Document 1 Filed 07/07/16 Page 19 of 32 Page ID #:19
`
`1
`
`2
`
`3
`
`4
`
`5
`
`6
`
`7
`
`8
`
`9
`
`10
`
`11
`
`12
`
`13
`
`14
`
`15
`
`16
`
`17
`
`18
`
`19
`
`20
`
`21
`
`22
`
`23
`
`24
`
`25
`
`26
`
`27
`
`28
`
`
`
`limited to, the following:
`
`(a) Whether Snapchat owed a duty to warn minors of the harmful and
`
`offensive content on Snapchat Discover.
`
`(b) Whether Snapchat owed a duty to warn the parents of minors of the
`
`offensive content on Snapchat Discover.
`
`(c) Whether Snapchat owed a duty to differentiate and/or filter the
`
`content available on Snapchat Discover to 13-17 years old versus
`
`content available to adult audiences.
`
`(d) Whether Snapchat knowingly exposed minor children on Snapchat
`
`Discover to harmful and offensive images, and encouraged the
`
`sharing of such images, to grow its user base and increase profit.
`
`(e) Whether Snapchat violated its own community guidelines by
`
`making available images and content involving implied and real
`
`sexual conduct including depictions of sexual conduct between
`
`minors.
`
`(f) Whether any actual or implied representations made by Snapchat
`
`that its use was safe for minors was false or misleading.
`
`(g) Whether Plaintiff and the Class members are entitled to an
`
`injunction, damages, restitution, equitable relief and other relief
`
`deemed appropriate and the amount and nature of such relief.
`
`
`
`70.
`
`Plaintiff‟s claims are typical of the claims of the putative class members.
`
`Plaintiff and all putative class members were not warned of the harmful, offensive, and
`
`adult content on Snapchat Discover.
`
`71.
`
`The factual bases of Defendant‟s misconduct