| Milgram v. Orbitz | |
|---|---|
| Court | New Jersey Superior Court |
| Full case name | Milgram v. Orbitz Worldwide, LLC |
| Decided | August 26, 2010 |
| Citation | Milgram v. Orbitz Worldwide, LLC, ESX-C-142-09 (N.J. Super. Ct. Aug. 26, 2010) |
| Court membership | |
| Judge sitting | Hon. Patricia K. Costello |
| Case opinions | |
| CDA § 230(c)(1) precludes liability where the duty that the plaintiff alleges the defendant violated derives from the defendant's status or conduct as a publisher or speaker. The name or wording of the cause of action, and whether the defendant is a commercial actor, are not dispositive. Where objectionable content is not supplied, required, or requested by a defendant, the defendant is not an information content provider under the CDA, even if it performs traditional editorial functions such as selective deletion or alteration of user content. | |
| Keywords | |
| CDA § 230, federal preemption, fraud, misrepresentation. | |
In Milgram v. Orbitz Worldwide, LLC,[1] the New Jersey Superior Court held that online ticket resellers qualified for immunity under Section 230 of the Communications Decency Act (CDA), and that such immunity preempted a state law consumer fraud statute. The opinion clarified the court's test for determining whether a defendant is acting as a publisher, the applicability of the CDA to e-commerce sites, and the extent of control that an online intermediary may exercise over user content without becoming an "information content provider" under the CDA. The opinion was hailed by one observer as a "rare defeat for a consumer protection agency"[2] and the "biggest defense win of the year"[3] in CDA § 230 litigation.
- ^ Milgram v. Orbitz Worldwide, LLC, ESX-C-142-09 (N.J. Super. Ct. Aug. 26, 2010).
- ^ Goldman, Eric (September 7, 2007). "Online Ticket Resellers Get Significant 47 USC 230 Win—Milgram v. Orbitz". Eric Goldman Technology & Marketing Law Blog. Retrieved March 9, 2011.
- ^ Goldman, Eric (January 25, 2011). "Top Internet Law Developments of 2010". InformIT. Retrieved March 9, 2011.
© MMXXIII Rich X Search. We shall prevail. All rights reserved. Rich X Search