According to a recent Québec Superior Court decision, Facebook users are currently precluded from filing suit in Québec against the social media giant.
Although Québec civil law prohibits and declares unenforceable in Québec any clause by which a consumer in an action involving a consumer contract waives the jurisdiction of Québec courts, the Court upheld the attornment clause on the basis that there was no “consumer contract “between Facebook and its users. Noting that a consumer contract is necessarily premised on payment and consideration, the Court opined that there was no “consideration” on the part of Facebook users since they do not, when joining or accessing the social network, undertake to pay Facebook, post information, promote Facebook or remain a user for a specific period of time. An appeal of the decision was filed on May 2, so the question remains open as to whether the Courts in Québec will ultimately conclude that Facebook is effectively immune from consumer class actions in that province. Stay tuned!