Facebook Solicitor

26 March 2021

By Email and Recorded Post

Attn: welshlamb@me.compage1image39739456

Our Ref:

Dear Mr. Lamb,

RJH/1430682-0004

Re: Claim No. 201MC226 – Andrew Lamb t/a Cardiff Life Model Collective v Facebook
We act for Facebook UK Limited (“Facebook UK”), a company incorporated in England and Wales with

company number 06331310.

Our client has instructed us to write to you in connection with a claim form issued in the County Court Business Centre on 17 March 2021 (the “Claim Form”) with Claim No. 201MC226 (the “Claim”). The Claim Form was received at our client’s address at 1 Rathbone Square, London, W1T 1FB and names “Facebook” as the defendant. The Claim Form states that “Facebook” has “deleted posts, given [you] bans and have for the past year or more restricted the service [you] receive on their platform” and seeks payment of £1,060.

As an initial matter, please note that there is no entity by the name of “Facebook” and, accordingly, your Claim has been brought against a non-existent entity. Furthermore, if you intended to bring your Claim against our client, Facebook UK, please note that Facebook UK is the wrong entity for the purpose of your Claim.

For Facebook users residing in the United Kingdom, the Facebook service is operated and controlled by Facebook Ireland Limited (“Facebook Ireland”), a company organised and existing under the laws of the Republic of Ireland. See Facebook’s Terms of Service, located atwww.facebook.com/terms, and Facebook’s Data Policy, located at www.facebook.com/policy. Facebook Ireland is also the data controller for the personal data of Facebook users residing in the United Kingdom.

Facebook UK is a separate entity, independent of and legally distinct from Facebook Ireland. Facebook UK does

not own, operate, host or control the Facebook service. This position has been previously confirmed by the English

High Court in the joined cases of Camille Saskia Richardson v Facebook; Camille Saskia Richardson v Google

1

In addition to the Richardson case, the county courts have recently struck out a number of claims against our client, Facebook UK, in the same circumstances as in Richardson – i.e., where the claim concerned a complaint with the Facebook service but was incorrectly brought against Facebook UK as the wrong entity. See Carrie-Anne Summersett v Facebook UK Limited (2019), Claim No. 074MC349 in the Croydon County Court; Washyme Ltd v Facebook UK Limited (2019), Claim No. 095MC822 in the Oxford County Court; Rob Warner v Facebook UK (2020), Claim No. G7QZ365P in the Sheffield County Court; Warren Hatton v Facebook UK Limited (2020), Claim No. Claim No. F7QZ27HT in the Doncaster County Court; and Ian Paul Lambert v Facebook (2021), Claim No. H6QZ513C in the Weymouth County Court.page1image39738880page1image39739264

(UK) Limited [2015] EWHC 3154 (QB).page1image39739840

1page1image46072640page2image46073264

All further correspondence regarding the Facebook service should be directed to the correct entity at its address in the Republic of Ireland:

Facebook Ireland Limited Attn: Legal Department 4 Grand Canal Square Grand Canal Harbour Dublin 2 Republic of Ireland

Any such correspondence should identify the relevant Facebook and/or Instagram account(s) to which your complaint relates by specific URL.

Next steps

In light of the above, we hereby formally invite you to discontinue your Claim. If you do so, our client will not seek to recover any amount by way of costs from you.

Should you fail to do so, our client will immediately apply to have the Claim struck out and/or for summary judgment, on the basis that the Claim has been brought against a non-existent / the wrong entity. Should such an application become necessary, our client will seek to recover its costs of making that application from you.

To avoid further unnecessary costs in this matter, please confirm to us by no later than 4:00pm on 2 April 2021 that you will discontinue this Claim. Please address your confirmation to us, preferably via email, and marked for the attention of Rory Hishon (rhishon@whitecase.com).

For your information, you can discontinue your Claim by completing Form N279, which can be found athttps://www.gov.uk/government/publications/form-n279-notice-of-discontinuance, and sending a copy of the completed form by email to both the County Court Business Centre (Online Civil Money Claims) and to us. We enclose a copy of the relevant form (with details completed) for your ease of reference. The email address for the County Court Business Centre is ccmcce-filing@justice.gov.uk, and you should include the Claim number (201MC226) in the subject line of your email. Alternatively, you can mark the Claim as closed/settled via the Online Civil Money Claims website.

Facebook UK reserves its rights in all respects, including the right to put this letter before the Court as to the substance and as to questions of costs. For the avoidance of doubt, this firm is not authorised to accept service on behalf of our client.

We look forward to hearing from you. Yours sincerely,

White & Case LLP

Enc.page2image39767040page2image39767232page2image39767808page2image39768192page2image39768384page2image46131776

My Response

Thank you for your correspondence. I note the address of the entity known as Facebook as being in Ireland. 

I will have you know that we would not be here if Facebook engaged with it’s users, in particular and in this case, me. I have years of trying to connect withy a real person at Facebook and failing to do so. I have written to the executives, I have written to facebooks own pages and I have responded in the messaging centres. On no occasion have I been aware of a real person engaging with me. 

It’s telling that I must go out of the UK to a tax haven to try to get Facebook to talk.

It’s also telling that Facebook have the ability to instruct you but are unwilling to engage with a content provider of theirs. 

I accept no costs or threats of costs from Facebooks representatives and regard those threats as attempts at intimidation, a protocol to have me back down and stop further proceedings. 

I will engage with the court service to see if the address on the claim can be altered and if this is not possible I will have the case struck off but I will immediately submit a new claim with additional costs attached to cover costs of the original claim. Why? because Facebook are ‘uncontactable’. It’s near impossible for the average person to locate a contact or legal entity address. This I believe is deliberate and again a management decision to avoid client contact. Therefore the original claim, being made in good faith, and directed at the UK office of Facebook, should have sufficed and as it doesn’t the legal address and route to physical person complaints for Facebook should appear prominently within Facebooks web architecture, which it does not. 

If you can find someone with the ability to discuss the shadow banning issues associated with my account at Facebook then I would be happy to look at engaging with them and attempting to reach an out of court resolution. I think this is the best route forwards for both parties and I think this could rapidly end this action. 

I can make myself available by phone, by email, by zoom and, once travel is permitted, in person. 

I look forward to hearing from you with regards to having someone at Facebook reach out to me. 
Andrew Lamb

Author

Outdoor Professional @ Wales Outdoors, Model @ Cardiff Life Model Colective and Published Poet @ Self...