A complaint containing bare allegations that a consumer complaint Web site solicited complaints, contacted consumers to ask questions and assist in drafting or revising complaints, and steered the complaints to categories designed to attract the attention of class action lawyers, among other things, was properly dismissed pursuant to Section 230 of the Communications Decency Act, the U.S. Court of Appeals for the Fourth Circuit ruled. The court concluded that the allegations concerning assistance with revising and redrafting complaints failed to show anything more than conduct that a Web site operator engages in as “part of its traditional editorial function.” The court also noted that there is “nothing illegal” about developing content related to class actions lawsuits and that such lawsuits are specifically provided for in the federal rules.

Nemet Chevrolet, LTD v. Consumeraffairs.com, Inc., 591 F.3d 250 (4th Cir. Dec. 29, 2009) Download PDF