Fourth Circuit Affirms CDA Immunity For Consumer Review Website

more+
less-

In December, citing the Communications Decency Act, 47 U.S.C. § 230 (the “CDA”), the Fourth Circuit upheld dismissal of defamation and related claims against a consumer review website featuring consumer posts regarding an automobile dealership. Nemet Chevrolet, Ltd. v. ConsumerAffairs.com, Inc., Case No. 08-2097 (4th Cir., December 29, 2009).

Nemet Chevrolet applies the heightened Rule 8 pleading standard recently articulated by the U.S. Supreme Court in Ashcroft v. Iqbal, 129 S. Ct. 1937 (2009), to reject allegations that ConsumerAffairs.com was responsible for the website posts. In addition, Nemet Chevrolet highlights that where a website operator does not encourage illegal content and confines its editorial activities to those of a traditional website operator, courts are more likely to accord it immunity from suit under the CDA.

Please see full article below for more information.

LOADING PDF: If there are any problems, click here to download the file.

Written by:

Published In:

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© Manatt, Phelps & Phillips, LLP | Attorney Advertising

Don't miss a thing! Build a custom news brief:

Read fresh new writing on compliance, cybersecurity, Dodd-Frank, whistleblowers, social media, hiring & firing, patent reform, the NLRB, Obamacare, the SEC…

…or whatever matters the most to you. Follow authors, firms, and topics on JD Supra.

Create your news brief now - it's free and easy »

All the intelligence you need, in one easy email:

Great! Your first step to building an email digest of JD Supra authors and topics. Log in with LinkedIn so we can start sending your digest...

Sign up for your custom alerts now, using LinkedIn ›

* With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name.
×
Loading...
×