Delaware Attorney General Sues Meta for Violating the Consumer Fraud Act

COUNT X: VIOLATIONS OF THE DELAWARE CONSUMER FRAUD ACT (Delaware CFA), 6 Del. Code Ann. § 2513 et seq.

901. The State of Delaware, ex rel. Kathleen Jennings, Attorney General, incorporates and realleges each of the paragraphs 1 through 859.

902. Meta and each Defendant at all relevant times were “person[s]” as defined under the Delaware CFA. Specifically, Meta and each Defendant were corporations, businesses, or partnerships.

903. Meta conducted “sale[s]” of “merchandise” as defined by the Delaware CFA during all relevant times.

904. Meta created and disseminated “advertisements” as defined by the Delaware CFA during all relevant times.

905. Meta intentionally and purposefully sold and transacted in merchandise and advertisement within the State of Delaware at all relevant times.

906. The State of Delaware alleges that Meta’s acts and omissions described in paragraphs 1 to 850 of this Complaint constitute violations of the Delaware CFA, including 6 Del. Code Ann. § 2513(a).

907. Meta acted, used, and/or employed deception, fraud, false pretense, false promise, misrepresentation, unfair practice, and/or the concealment, suppression, or omission of material fact with intent that others rely upon such concealment, suppression, or omission, in connection with the sale, lease, receipt, or advertisement of merchandise, by engaging in the conduct described in paragraph 846.

908. Meta engaged in unfair practices because its actions described in paragraphs 847- 850 caused or were likely to cause substantial injury to consumers which is not reasonably avoidable by consumers themselves and not outweighed by countervailing benefits to consumers or to competition.

909. Meta’s violation of various laws and regulations, including the Children’s Online Privacy Protection Rule (COPPA) constituted a substantial injury to the consumers and constituted an unfair practice as defined by the Delaware CFA.

910. Meta has willfully engaged in the acts and practices described in this Complaint in violation of the Delaware CFA because it knew or should have known that its conduct was a violation of the Delaware CFA.