Online ticket exchanges are protected by Section 230 of the Communications Decency Act for liabilty under New Jersey consumer fraud laws and regulations for deceptive offerings of tickets by third-party sellers, a state court ruled. The court rejected the argument that the exchanges were "commercial actors" and therefore not covered by Section 230, finding that the fact that the exchanges charged a service or administrative fee for the sale of the tickets did not remove them from the protection of Section 230. The court also concluded that the actions of the exchanges in the creation, development and operation of their sites did not make them "information content providers” within the meaning of Section 230. Relying on the Ninth Circuit ruling in Carafano v. Metrosplash (9th Cir. 2003), the district court found that the "essential published content" that was the subject of the lawsuit was the offer of tickets alleged to be misleading or inaccurate, and that content originated from the third-party sellers, not the exchanges.
Milgrim v. Orbitz Worldwide, LLC (N.J. Super. Ct. Ch. Div. Aug. 26, 2010) Download PDF