As we noted in our recent post on the Second Circuit case Herrick v. Grindr, LLC, Section 230 of the Communications Decency Act (CDA) continues to provide immunity to online intermediaries from liability for user content, despite pressure from courts and legislatures seeking to chip away at this safe harbor. The D.C. Circuit case Marshall’s Locksmith Service Inc. v. Google, LLC serves as another example of Section 230’s resiliency.
In Marshall’s Locksmith, the D.C. Circuit affirmed the dismissal of claims brought by 14 locksmith companies against search engine operators Google, Microsoft and Yahoo! for allegedly conspiring to allow “scam locksmiths” to inundate the online search results page in order to extract additional advertising revenue.
The scam locksmiths at issue published websites targeting heavily populated locations around the country to trick potential customers into believing that they were local companies. These websites provided either a fictitious address or no address at all, and falsely claimed that they were local businesses. The plaintiffs asserted various federal and state law claims against the search engine operators relating to false advertising, conspiracy and fraud based on their activities in connection with the scam locksmiths’ websites.