Families can sue app developer for breaking its anti-bullying pledge, says court
Snapchat third-party app Yolo promised to unmask harassers, but it allegedly never did.
An appeals court revived a lawsuit against the anonymous messaging service Yolo, which allegedly broke a promise to unmask bullies on the app. In a ruling issued Thursday, the Ninth Circuit Court of Appeals said Section 230 of the Communications Decency Act shouldn’t block a claim that Yolo misrepresented its terms of service, overruling a lower court decision. But it determined the app can’t be held liable for alleged design defects that allowed harassment, letting a different part of that earlier ruling stand.
Yolo was a Snapchat-integrated app that let users send anonymous messages, but in 2021, it was hit with a lawsuit after a teenage user died by suicide. The boy, Carson Bride, had received harassing and sexually explicit messages from anonymized users that — he believed — he likely knew. Bride and his family attempted to contact Yolo for help, but Yolo allegedly never answered, and in some cases, emails to the company simply bounced. Snap banned Yolo and another app targeted in the lawsuit, and a year later, it banned all anonymous messaging integration.
Bride’s family and a collection of other aggrieved parents argued that Yolo broke a legally binding promise to its users. They pointed to a notification where Yolo claimed people would be banned for inappropriate use and deanonymized if they sent “harassing messages” to others. But as the ruling summarizes, the plaintiffs argued that “with a staff of no more than ten people, there was no way Yolo could monitor the traffic of ten million active daily users to make good on its promise, and it in fact never did.” Additionally, they claimed Yolo should have known its anonymous design facilitated harassment, making it defective and dangerous.