4 ms·
One can argue that Facebook users aren't customers either.
by kevin_thibedeau 4y ago
One can argue that Facebook users aren't customers either.
- kragen 4y agoThis is a good point.
- throwayyy479087 4y agoThat's the only interesting point in this thread. "We don't have any advertisers from Nebraska so no customers" would be an interesting case.
- kragen 4y agoNot only is it not sufficient to have customers in a jurisdiction to have a jurisdictional nexus there, it also is not necessary.
- kevin_thibedeau 4y agoOperating a telecommunications service doesn't automatically make you subject to every state's jurisdiction. Interstate communication is subject to federal control. States can't willy-nilly act like they can reach outside their boundaries.
- kragen 4y agoFor "telecommunications services" in the US I think having customers in a state is sufficient to establish nexus: https://www.avalara.com/blog/en/north-america/2016/01/communications-nexus-tax-tips-for-wireless-providers.html https://www.avalara.com/blog/en/north-america/2016/01/commun... But it's debatable whether Facebook Messenger is a "telecommunications service" under US law.