This case was last updated from PACER on 08/28/2021 at 09:48:37 (UTC).

Facebook, Inc. v. Nguyen et al

Case Summary

On June 29, 2021, Plaintiff Facebook, Inc., a Delaware corporation, represented by Ann Marie Mortimer, Jason J. Kim, Jeff R. R. Nelson of Platform Enforcement and Litigation Facebook, Inc., filed a fraud lawsuit against Thêm Nguyễn, also known as “Thêm Hữu Nguyễn;” Lê Khang; Nguyễn Quốc Bảo; and Pham Hữu Dung also known as “Dung Ma,” (collectively, “Defendants”) for alleged breach of contract and alleged computer fraud. This case was filed in the U.S. District Court for the Northern District of California. 

 

In their complaint, the Plaintiffs alleged “Beginning no later than October 2020 and continuing to at least June 2021, Defendants took control of user accounts on Facebook in order to run millions of dollars of ads. Defendants misused cookies to take control of the accounts, a technique known as “session or cookie theft,” and targeted employees of advertising and marketing agencies, which had access to large corporate ad accounts.”

 

The Plaintiffs further alleged “Defendants first misled the victims into self-compromising their user accounts by causing them to install a mobile app from the Google Play Store deceptively called “Ad Manager for Facebook” (the “malicious app”) that was not actually affiliated with Facebook. When victims installed the malicious app, they shared their Facebook account login credentials and made accessible other information, which Defendants then used to access their Facebook accounts and run ads without the victims’ knowledge or consent. Defendants ran at least $36 million in unauthorized ads, which Facebook reimbursed to the victims once it discovered the unlawful scheme.”

 

The Plaintiffs even further alleged “Defendants’ scheme is known as an “account takeover attack” and originated from Vietnam. Account takeovers fuel fraud because compromised accounts can be used to engage in different types of illicit conduct. According to online sources, these attacks have been on the rise across all industries and cost online businesses and consumers in the United States billions of dollars in losses annually. Approximately 50% of these attacks originate from Asia, with Vietnam as one of the leading sources of attacks from the region in 2020.”

 

Facebook brings this action for injunctive relief to stop Defendants’ conduct in violation of Facebook’s Terms of Service and U.S. law. Facebook also brings this action to obtain compensatory, punitive, and exemplary damages in response to Defendants’ violations of California Comprehensive Computer Data Access and Fraud Act, Cal. Penal Code § 502, the Computer Fraud and Abuse Act, 18 U.S.C. § 1030, and breach of contract.

 

In the prayer for relief, the Plaintiffs request the Court to enter judgment against Defendants as defendants and their agents, employees, successors, and assigns, and all other persons acting in concert with or conspiracy with Defendants or affiliated with them from: accessing or attempting to access Facebook’s platform and computer systems, engaging in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of Facebook’s platform and computer system, including developing malware that targets Facebook; engaging in any activity that violates Facebook’s Terms, or facilitating others to do the same; or engaging in activity that violates the Computer Fraud and Abuse Act (18 U.S.C. § 1030) or the California Comprehensive Computer Data Access and Fraud Act (California Penal Code § 502). The Plaintiff also requests the Court to order Defendants to pay compensatory and punitive damages, as permitted by law and in such amounts to be proven at trial, but not less than $36,000,000; that Facebook be awarded its reasonable costs, including reasonable attorneys’ fees, that Facebook be awarded pre- and post-judgment interest as allowed by law; and that the Court grant all such other and further relief as the Court may deem just and proper.

 

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Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    3:21-CV-05002

  • Filing Date:

    06/29/2021

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Other

  • Courthouse:

    California Northern District

Judge Details

Presiding Judge

Thomas S. Hixson

 

Party Details

Plaintiff

Facebook, Inc.

Defendants

Them Nguyen

Pham Huu Dung

Nguyen Quoc Bao

Le Khang

Dung Ma

Them Huu Nguyen

Attorney/Law Firm Details

Plaintiff Attorneys

Ann Marie Mortimer

Attorney at Hunton Andrews Kurth LLP

550 South Hope Street, Suite 2000

Los Angeles, CA 90071

Jason Jonathan Kim

Attorney at Hunton Andrews Kurth LLP

550 South Hope Street, Suite 2000

Los Angeles, CA 90071-2627

Jeff R. R. Nelson

Attorney at Hunton Andrews Kurth LLP

550 S Hope St, Ste 2000

Los Angeles, CA 90071

 

Court Documents

#8

(#8) CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Facebook, Inc... (Nelson, Jeff) (Filed on 7/9/2021) (Entered: 07/09/2021)

#7

(#7) Summons Issued as to Nguyen Quoc Bao, Pham Huu Dung, Le Khang, Them Nguyen. (slhS, COURT STAFF) (Filed on 6/30/2021) (Entered: 06/30/2021)

#6

(#6) Initial Case Management Scheduling Order with ADR Deadlines: Case Management Statement due by 9/23/2021. Initial Case Management Conference set for 9/30/2021 10:00 AM in San Francisco, Courtroom G, 15th Floor. (slhS, COURT STAFF) (Filed on 6/30/2021) (Entered: 06/30/2021)

#4

(#4) Certificate of Interested Entities by Facebook, Inc. (Mortimer, Ann Marie) (Filed on 6/29/2021) (Entered: 06/29/2021)

#3

(#3) Corporate Disclosure Statement by Facebook, Inc. (Mortimer, Ann Marie) (Filed on 6/29/2021) (Entered: 06/29/2021)

#2

(#2) Proposed Summons. (Mortimer, Ann Marie) (Filed on 6/29/2021) (Entered: 06/29/2021)

1 #1

Civil Cover Sheet

#1

(#1) COMPLAINT against Nguyen Quoc Bao, Pham Huu Dung, Le Khang, Them Nguyen ( Filing fee $ 402, receipt number 0971-16125007.). Filed byFacebook, Inc.. (Attachments: #1 Civil Cover Sheet)(Mortimer, Ann Marie) (Filed on 6/29/2021) (Entered: 06/29/2021)

 

Docket Entries

  • 07/09/2021
  • View Court Documents
  • Docket(#8) CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Facebook, Inc... (Nelson, Jeff) (Filed on 7/9/2021) (Entered: 07/09/2021)

    Read MoreRead Less
  • 06/30/2021
  • View Court Documents
  • Docket(#7) Summons Issued as to Nguyen Quoc Bao, Pham Huu Dung, Le Khang, Them Nguyen. (slhS, COURT STAFF) (Filed on 6/30/2021) (Entered: 06/30/2021)

    Read MoreRead Less
  • 06/30/2021
  • View Court Documents
  • Docket(#6) Initial Case Management Scheduling Order with ADR Deadlines: Case Management Statement due by 9/23/2021. Initial Case Management Conference set for 9/30/2021 10:00 AM in San Francisco, Courtroom G, 15th Floor. (slhS, COURT STAFF) (Filed on 6/30/2021) (Entered: 06/30/2021)

    Read MoreRead Less
  • 06/30/2021
  • Docket(#5) Case assigned to Magistrate Judge Thomas S. Hixson. Counsel for plaintiff or the removing party is responsible for serving the Complaint or Notice of Removal, Summons and the assigned judge's standing orders and all other new case documents upon the opposing parties. For information, visit E-Filing A New Civil Case at http://cand.uscourts.gov/ecf/caseopening.Standing orders can be downloaded from the court's web page at www.cand.uscourts.gov/judges. Upon receipt, the summons will be issued and returned electronically. Counsel is required to send chambers a copy of the initiating documents pursuant to L.R. 5-1(e)(7). A scheduling order will be sent by Notice of Electronic Filing (NEF) within two business days. Consent/Declination due by 7/14/2021. (anjS, COURT STAFF) (Filed on 6/30/2021) (Entered: 06/30/2021)

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  • 06/29/2021
  • View Court Documents
  • Docket(#4) Certificate of Interested Entities by Facebook, Inc. (Mortimer, Ann Marie) (Filed on 6/29/2021) (Entered: 06/29/2021)

    Read MoreRead Less
  • 06/29/2021
  • View Court Documents
  • Docket(#3) Corporate Disclosure Statement by Facebook, Inc. (Mortimer, Ann Marie) (Filed on 6/29/2021) (Entered: 06/29/2021)

    Read MoreRead Less
  • 06/29/2021
  • View Court Documents
  • Docket(#2) Proposed Summons. (Mortimer, Ann Marie) (Filed on 6/29/2021) (Entered: 06/29/2021)

    Read MoreRead Less
  • 06/29/2021
  • View Court Documents
  • Docket(#1) COMPLAINT against Nguyen Quoc Bao, Pham Huu Dung, Le Khang, Them Nguyen ( Filing fee $ 402, receipt number 0971-16125007.). Filed byFacebook, Inc.. (Attachments: #1 Civil Cover Sheet)(Mortimer, Ann Marie) (Filed on 6/29/2021) (Entered: 06/29/2021)

    Read MoreRead Less
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