In 2010 Jason Fyk ventured into the business world of social media. Realizing the advertising potential of the platform, Fyk created a series of popular pages on Facebook which regularly published content related to pop culture and comedy.
At the height of Fyk’s success, his pages held over 38 million followers and brought in over $300,000 per month from brand partnerships and advertising.
Overnight, on October 19, 2016, Facebook pulled the plug – taking 14 million fans away by unpublishing 6 of his pages. Fyk was told that Facebook would not restore his pages.
A few months later Fyk reached out to a former colleague in the social media advertising space to see if Facebook would restore the pages if another competitor became the owner. Ultimately, Facebook agreed to restore Fyk’s pages at the request of Fyk’s competitor, only if Fyk was no longer the owner of the pages (a quid pro quo agreement).
Fyk sought out an attorney to represent him and this was when he met Jeff Greyber. Greyber recognized Facebook’s egregious anticompetitive misconduct and immediately agreed to take on Fyk’s case against Facebook.
This was not a case about the content (because the content that was restricted was the same content that was restored), but rather Facebook’s unlawful conduct in soliciting a new higher value owner while fraudulently relying on section 230 protections.