contract-law california
Meta wrongly suspends a Canadian Consumer&#39;s account. What are Canadians&#39; causes of action?
<h3>Fact Pattern for Consumer who lives in Canada, and is Canadian citizen.</h3>
<p>I forgo naming territories and provinces, because this fact pattern has happened to Canadians across provinces. But Consumer is not American citizen, and is not connected to California. Premise that Consumer has done nothing wrong, Consumer has not paid any money to Meta, and Consumer has a contract with Meta.<sup>⓵</sup></p>
<p>Meta suspended Consumer's Facebook or Instagram account <a href="https://old.reddit.com/r/facebookdisabledme" rel="nofollow noreferrer">for no reason at all, or for a wrong reason</a>. Consumer emailed Meta Inc. multiple times, and sent multiple letters by registered mail. Consumer can prove registered letter's delivery to, and receipt by, Meta Inc. But Meta never responded to Consumer.</p>
<h1>Questions</h1>
<ol>
<li><p>What jurisdiction or court must Consumer file her Claim against Meta Inc.? Can Consumer sue in her Canadian province or territory?</p>
</li>
<li><p>What are Consumer's causes of action?</p>
</li>
<li><p>I am iffy about <a href="https://law.stackexchange.com/a/84313">Andrew Oh-Willeke's answer</a>, as he doesn't cite the following paragraph from <a href="https://help.instagram.com/581066165581870" rel="nofollow noreferrer">Instagram's Help Center revised 26 July 2022</a>.</p>
</li>
</ol>
<blockquote>
<h4>How We Will Handle Disputes.</h4>
<p>If you are a consumer, the laws of the country in which you reside will apply to any claim, cause of action, or dispute you have against us that arises out of or relates to these Terms (&quot;claim&quot;), and you may resolve your claim in any competent court in that country that has jurisdiction over the claim. In all other cases, you agree that the claim must be resolved exclusively in the U.S. District Court for the Northern District of California or a state court located in San Mateo County, that you submit to the personal jurisdiction of either of these courts for the purpose of litigating any such claim, and that the laws of the State of California will govern these Terms and any claim, without regard to conflict of law provisions. Without prejudice to the foregoing, you agree that, in its sole discretion, Meta Platforms Inc. may also bring any claim we have against you related to efforts to abuse, interfere, or engage with our products in unauthorized ways in the country in which you reside that has jurisdiction over the claim.</p>
</blockquote>
<h3><sup>⓵</sup> Postulate that  Consumer has a contract with Meta Inc.</h3>
<p><a href="https://www.gartner.com/analyst/89180/Clifton-Gilley" rel="nofollow noreferrer">Clifton Gilley</a> has  J.D. from Seattle University School of Law, cum laude. On <a href="https://www.quora.com/With-no-apparent-consideration-from-the-user-how-can-the-user-service-agreement-for-a-site-like-Facebook-be-a-legally-binding-contract/answer/Cliff-G-13" rel="nofollow noreferrer">Quora</a>, Gilley wrote</p>
<blockquote>
<p>Consideration is merely &quot;something of value&quot;; it need not be money, though many think that is so. Facebook is offering you usage of their service, which they consider &quot;something of value&quot; in exchange for your agreement to the terms of service. The user agrees to grant Facebook license to use their content in certain ways, and that license is also &quot;something of value.&quot; That is technically sufficient to create a binding contract.</p>
<p>Facebook collects and uses a <strong>massive</strong> amount of user-generated data on a daily basis to sell advertising and for other purposes; there is certainly valuable consideration being given by the user here.</p>
</blockquote>
<p><a href="https://jlellis.net/detailed-biography/" rel="nofollow noreferrer">Jennifer Ellis</a> has JD from Widener University School of Law in Delaware. On <a href="https://www.quora.com/With-no-apparent-consideration-from-the-user-how-can-the-user-service-agreement-for-a-site-like-Facebook-be-a-legally-binding-contract/answer/Jennifer-Ellis" rel="nofollow noreferrer">Quora</a>, Ellis wrote</p>
<blockquote>
<p>There is mutual consideration. Facebook allows people to use its site. That is the thing of value that the user is getting. Facebook benefits from people using its site. That is the value Facebook is getting.</p>
</blockquote>

<p>Most user complaints against Meta are <a href="https://help.instagram.com/581066165581870" rel="nofollow noreferrer">subject to binding arbitration</a> under the applicable terms of service (which is the principal contract between a user and Meta) and cannot be litigated in the court system. The example of a dispute in the question would not generally fall within the exceptions to the arbitration clause. It states, in part:</p>
<blockquote>
<p>The Instagram Service is one of the Meta Products, provided to you by
Meta Platforms, Inc. These Terms of Use therefore constitute an
agreement between you and Meta Platforms, Inc.</p>
<p>ARBITRATION NOTICE: YOU AGREE THAT DISPUTES BETWEEN YOU AND US WILL BE
RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT
TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION. WE
EXPLAIN SOME EXCEPTIONS AND HOW YOU CAN OPT OUT OF ARBITRATION BELOW. . . .</p>
<p>How We Will Handle Disputes.</p>
<p>Except as provided below, you and we agree that any cause of action,
legal claim, or dispute between you and us arising out of or related
to these Terms or Instagram (&quot;claim(s)&quot;) must be resolved by
arbitration on an individual basis. Class actions and class
arbitrations are not permitted; you and we may bring a claim only on
your own behalf and cannot seek relief that would affect other
Instagram users. If there is a final judicial determination that any
particular claim (or a request for particular relief) cannot be
arbitrated in accordance with this provision's limitations, then only
that claim (or only that request for relief) may be brought in court.
All other claims (or requests for relief) remain subject to this
provision.</p>
<p>Instead of using arbitration, you or we can bring claims in your local
&quot;small claims&quot; court, if the rules of that court will allow it. If you
don't bring your claims in small claims court (or if you or we appeal
a small claims court judgment to a court of general jurisdiction),
then the claims must be resolved by binding, individual arbitration.
The American Arbitration Association will administer all arbitrations
under its Consumer Arbitration Rules. You and we expressly waive a
trial by jury.</p>
<p>The following claims don't have to be arbitrated and may be brought in
court: disputes related to intellectual property (like copyrights and
trademarks), violations of our Platform Policy, or efforts to
interfere with the Service or engage with the Service in unauthorized
ways (for example, automated ways). In addition, issues relating to
the scope and enforceability of the arbitration provision are for a
court to decide.</p>
<p>This arbitration provision is governed by the Federal Arbitration Act.</p>
<p>You can opt out of this provision within 30 days of the date that you
agreed to these Terms. To opt out, you must send your name, residence
address, username, email address or phone number you use for your
Instagram account, and a clear statement that you want to opt out of
this arbitration agreement, and you must send them here: Meta
Platforms, Inc. ATTN: Instagram Arbitration Opt-out, 1601 Willow Rd.,
Menlo Park, CA 94025.</p>
<p>Before you commence arbitration of a claim, you must provide us with a
written Notice of Dispute that includes your name, residence address,
username, email address or phone number you use for your Instagram
account, a detailed description of the dispute, and the relief you
seek. Any Notice of Dispute you send to us should be mailed to Meta
Platforms, Inc., ATTN: Instagram Arbitration Filing, 1601 Willow Rd.
Menlo Park, CA 94025. Before we commence arbitration, we will send you
a Notice of Dispute to the email address you use with your Instagram
account, or other appropriate means. If we are unable to resolve a
dispute within thirty (30) days after the Notice of Dispute is
received, you or we may commence arbitration.</p>
<p>We will pay all arbitration filing fees, administration and hearing
costs, and arbitrator fees for any arbitration we bring or if your
claims seek less than $75,000 and you timely provided us with a Notice
of Dispute. For all other claims, the costs and fees of arbitration
shall be allocated in accordance with the arbitration provider's
rules, including rules regarding frivolous or improper claims.</p>
<p>For any claim that is not arbitrated or resolved in small claims
court, you agree that it will be resolved exclusively in the U.S.
District Court for the Northern District of California or a state
court located in San Mateo County. You also agree to submit to the
personal jurisdiction of either of these courts for the purpose of
litigating any such claim.</p>
<p>The laws of the State of California, to the extent not preempted by or
inconsistent with federal law, will govern these Terms and any claim,
without regard to conflict of law provisions.</p>
</blockquote>
<p>While I haven't checked every single Meta service, I would strongly suspect that the Terms of Service for all of their online offerings have very similar provisions to this one.</p>
