A user of Yahoo's online dating services sued the company for fraud and negligent misrepresentation after he discovered the company generated false profiles and sent users now-defunct profiles in order to entice them to re-subscribe. The court said CDA § 230 does not apply to content that an interactive service provider "developed or created entirely by itself." The CDA also did not absolve Yahoo! of liability for sending users now-defunct profiles, because the resulting misrepresentation and fraud claims arose from Yahoo's "manner of presenting the profiles—not the underlying profiles themselves."
Anthony v. Yahoo! Inc., 421 F.Supp.2d 1257 (N.D.Cal. 2006)
Type of online publisher:
Yahoo! Personals and Yahoo! Premier, dating sites
Publisher's Role in Third Party Content:
Generated false profiles and emailed current users profiles of people who were no longer subscribers
CDA § 230 applicable?:
Court Opinion Document: