Zillow gets win in case alleging fraudulent online auction notices

Plaintiff sued Zillow and some other parties in federal court, claiming they engaged in a conspiracy to defraud her by illegally foreclosing on her home. She apparently claimed that Zillow “illegally” published information regarding the property at issue on its website, including listing it “for auction.”

Zillow moved to dismiss for failure to state a claim. The court granted the motion. It held that Section 230 (47 U.S.C. 230) immunized Zillow from liability. This statute immunizes providers of interactive computer services against liability arising from content created by third parties.

The court found that Zillow was an “interactive computer service,” demonstrated by how its website stated that it is “reimagining the traditional rules of real estate to make it easier than ever to move from one home to the next.”

It also found that plaintiff’s claims sought to hold Zillow liable for posting “auction notices”. But since the court did not believe plaintiff could demonstrate that Zillow developed or created this content, it found that plaintiff’s claims fell squarely within the purview of Section 230.

Choudhuri v. Specialised Loan Servicing, 2024 WL 308258 (N.D. Cal., January 26, 2024)

See also:

• Communications Decency Act shields web host as “distributor” of defamatory content
• Facebook victorious in lawsuit brought by kicked-off user
• Communications Decency Act provides shield from liability for posting critical e-mail