The trial judge said that those payment processing claims, asserted in more than a dozen statewide class actions on behalf of casino app users from states with stringent gambling laws, fall outside of Section 230’s immunity for online publishers because they involved allegedly unlawful acts by the platforms themselves.
Davila did dismiss plaintiffs' claims that Apple (AAPL.O) , Alphabet's Google (GOOGL.O) and Meta (META.O) were liable for offering access to the casino apps and providing the app developers with data and other services to help them target big spenders and retain users.
The judge, as I told you last year, acknowledged that “reasonable minds” might reach different conclusions about the scope of the platforms' immunity under Section 230 in the context of casino apps. The judge, of his own accord, certified his order for interlocutory appeal.
Both sides took him up on that offer. Apple, Meta and Google appealed Davila’s decision that they can be liable for processing virtual chip payments. Plaintiffs' lawyers from law firm Edelson brought cross-appeals over their dismissed claims. The platforms’ newly filed briefs are the first salvos in an appellate briefing process that won’t wrap up until December.