November 08, 2009

First Cash Financial Services v. Yahoo! Inc.

NOTE: The information and commentary contained in this database entry are based on court filings and other informational sources that may contain unproven allegations made by the parties. The truthfulness and accuracy of such information is likely to be in dispute.

Posted April 13th, 2009 by CMLP Staff

Summary

Threat Type: Subpoena	Date: 07/30/2003
Status: Concluded	Location: California
Disposition: Subpoena Enforced	Verdict/Settlement Amount: n/a
Legal Claims: Breach of Contract
First Cash Financial Services, a Texas-based company operating a chain of pawn shops and cash checking services, obtained a subpoena from a California state court requiring Yahoo to provide identifying information for an individual who posted anonymous comments to Fast... read full description

Parties

Party Issuing Legal Threat:	Party Receiving Legal Threat:
First Cash Financial Services, Inc.	Yahoo! Inc.
Type of Party:	Type of Party:
Organization	Large Organization; Intermediary
Location of Party:	Location of Party:
Texas	California
Legal Counsel:	Legal Counsel:
Roger Yang - Matheny Sears Linkert & Jaime	Mark Goldowitz - California Anti-SLAPP Project; Cindy A. Cohn - Electronic Frontier Foundation

Description

First Cash Financial Services, a Texas-based company operating a chain of pawn shops and cash checking services, obtained a subpoena from a California state court requiring Yahoo to provide identifying information for an individual who posted anonymous comments to Fast Cash's Yahoo! Finance message board. Fast Cash sought the information in order to identify the John Doe defendant in a breach of contract action it had previously filed in Texas state court. (For details, see the related database entry, First Cash Financial Services v. Doe.) The anonymous poster intervened and filed a special motion to strike the action (including the subpoena) under California's anti-SLAPP statute. According to EFF, the California court denied the motion to strike, presumably allowing the subpoena to be enforced.

Related Links:

Details

Website(s) Involved:	Content Type(s):
Yahoo! Finance: FCFS	Text
Publication Medium:	Subject Area(s):
Forum	Anonymity SLAPP Third-Party Content User Comments or Submissions

Court Information & Documents

Location of Filing/Threat:	Source of Law:
California	California
Court Name:	Court Type:
Superior Court of California, Santa Clara County	State
Case Number:
1-03-CV-002135 (California)
Relevant Documents:
Opening SLAPP Brief (09-04-2003) Motion to File Under Seal (10-29-2003) Declaration of Defendant (11-14-2003) Declaration of Paul Clifford in Support of Motion to Strike (11-14-2003) Doe Reply Brief in Support of Motion to File Under Seal (11-14-2003) Doe Reply Memo in Support of Special Motion to Strike (11-14-2003)

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Last updated on April 13th, 2009

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First Cash Financial Services v. Yahoo! Inc.

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