G.G. v. Salesforce.com, Inc.

Dist. Ct. erred in dismissing plaintiff’s action under Trafficking Victims Protection Reauthorization Act (TVPRA), alleging that defendant was "person" who knowingly benefited from its participation in venture with entity that it knew or should have known had engaged in act of sex trafficking. In this respect, plaintiff alleged that: (1) plaintiff-minor fell into hands of street sex trafficker who used now defunct Backpage.com to advertise on Backpage.com’s website minor’s availability for sexual encounters; (2) defendant should have known that Backpage.com was engaged in sex trafficking of minors on its website; and (3) defendant had close business relationship with Backpage.com, where defendant gave tailored advice and software to Backpage.com that allowed Backpage.com to expand its business, such that defendant knowingly benefited from its participation in Backpage.com’s venture. Ct. of Appeals held that said allegations were sufficient to state viable “participation liability” cause of action under TVPRA. Moreover, Ct. rejected defendant’s contention that plaintiff was required to allege and prove that it had at least constructive knowledge during relevant period that plaintiff-minor was specific victim of sex trafficking. Ct. of Appeals also found that defendant could not assert affirmative defense under section 230(c) of Communications Decency Act, 47 USC section 230, where plaintiffs’ complaint did not treat defendant as publisher or speaker of any third-party content. (Dissent filed.)