Suing Meta in Dublin, from our base in the UK

Okell

Hoenir said:

eskbanker said:

Hoenir said:

DemiDee said:

and if any other company large or small was just pulling services from whomever it wished, there would be legal redress.

Meta didn't just pull the service though they gave plenty of notice. 

That's not what OP said:

DemiDee said:

Our charity's Facebook account was pulled in March without so much as a warning or reason.

Meta pulled the service across the board back in 2023. Those that lingered no doubt were terminated without notice. As there's was nothing further to be discussed. 

For the benefit of the OP and of the rest of us, can you clarify what you mean by the above?

Okell

DemiDee said:

We do have some statutory rights as long as Facebook is a legal entity.

Legal terms of service https://en-gb.facebook.com/legal/terms (section 3) states that:

Nothing in these Terms is intended to [...] affect your statutory rights...

I'm afraid I think you've got the wrong end of the stick.

All that is saying is that their terms do not affect any statutory rights that you might already have.  It is not saying that you do have statutory rights.

So to go back to the question I originally posed in the second reply to this thread - and which other posters have echoed - what will be the legal basis of your claim?.  You don't have a statutory or common law right to have a Facebook page.

... We will exercise professional diligence in providing our Products and services to you and in keeping a safe, secure and error-free environment. Provided that we have acted with professional diligence, we do not accept responsibility for losses not caused by our breach of these Terms or otherwise by our acts; losses that are not reasonably foreseeable by you and us at the time of entering into these Terms; and events beyond our reasonable control...

I'm not sure why you think the bits you've highlighted in bold are particularly significant?  Do you think FB have not acted with "professional diligence"?

Are you sure FB did not give notice of suspension as suggested in a previous post from @Hoenir?

What I will say about their T&Cs is that I'm surprised that there's nothing in them about FB being able to suspend your account at their discretion for any reason at all - with or without notice.  Are you sure there isn't something to that effect elsewhere in their T&Cs?   (Just to explain, I know absolutely nothing about FB or "social media").

Personally, if I were in your position I'd be seeking professional paid for legal advice.  Not asking on an internet forum.

As you a trustee of a charity I assume you and your fellow trustees must have access to professional legal advice.  I suggest you consult them

Savvy_Sue

Presumably as trustees you have taken action to diversify your income streams, and to promote your charity and its online reputation elsewhere, especially since March?

I'm slightly wary of charities (and indeed businesses) whose only online presence is FB or other social media.

And wringing your hands and pursuing legal action where the only certainties are that it will take time and cost money seems less than prudent.

penners324

Given the T&Cs you posted, the place to start legal action is in California

saajan_12

DemiDee said:

Thank you all for your excellent input and thoughts. I can see this is going to be more complex than we'd first imagined, not least of all because their main HQ is in Dublin (and that is where our LBA was sent) and we're in the UK. The monies lost (calculated via looking at our like-for-like donations during the same period of time last year) as well as the reputational damage is considerable to a small charity like ours, and if any other company large or small was just pulling services from whomever it wished, there would be legal redress..

There's two parts to a (successful) claim. 1=liability, 2=damages. 
You've addressed part 2, ie the loss you suffered as a result of Facebook withdrawing their page (though it needs more evidence eg proving no change in the charity's activities, etc. 

However you're entirely missing part 1, ie what did Facebook do wrong that they are NOT ALLOWED to do whether by statute or by contract. Your T&Cs likely did not give any commitment to continuity of service. You have no statutory right to use the services of a private company as long as you were not discriminated on a protected ground (eg race, gender, etc). 

DemiDee said:

 if any other company large or small was just pulling services from whomever it wished, there would be legal redress.

I see online that many people, particularly in the US, have gone down the small claims route and had success. Oftentimes, a judgement is ruled in their favour because Meta simply doesn't turn up to contest it. Other times, it allows for dialogue which clearly isn't happening in most cases.  Right now, we just want our page back and some redress for the monies lost. I know, I know, we can't sue for fairness, but there must be some legal redress. I will report back to my fellow trustees with the information you have all kindly given, and we hope to find a way forward.

If a charity or business were relying on a particular avenue, its their responsibility to put in the required contracts to ensure continuity of that avenue OR make contingency plans. The legal redress would be through breach of that contract. If your charity did not, then this is a natural concequence. 

Of course filing spurious claims in the hopes the other side doesnt notice is another tactic, completely unrelated to your charitable losses.