NH Supreme Court: Judge wrong to dismiss complaint against Facebook

Published: Jul. 24, 2020 at 12:26 PM EDT
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CONCORD, N.H. (AP) - The New Hampshire Supreme Court has ruled that a judge was wrong to dismiss a cafe owner’s complaint against Facebook that his social media account was shut down without warning.

Emmett Soldati has marketed his Teatotaller cafe in Somersworth on Instagram, which is owned by Facebook. The account was shut down in 2018.  Facebook argued for a dismissal of his complaint, saying it is immune from such claims under the federal Communications Decency Act. A judge agreed and Soldati appealed.

The court said in its opinion Friday that the federal act’s barrier to Teatotaller’s breach of contract claim wasn’t evident from the face of the complaint. It sent the case back to a lower court. 

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