Section 230 immunity, Care.com background checks, and platform liability are making headlines as a state appellate court denies protections for the caregiving site’s statements about screenings. This Section 230 Care.com ruling could reshape how online marketplaces handle safety assurances in the U.S.
In a significant decision, a state appellate court has ruled that Section 230 of the Communications Decency Act does not shield Care.com from liability stemming from its own representations about background screenings for caregivers listed on its platform.
The case involves plaintiffs who allege that Care.com made misleading statements implying thorough vetting and safety checks for providers, including background screenings. When harm allegedly occurred due to an inadequately screened caregiver, the families sued, claiming negligence, misrepresentation, and violations of consumer protection laws.
Care.com sought dismissal under Section 230, arguing it functions merely as an interactive computer service hosting third-party content (caregiver profiles) and should not be treated as the publisher or speaker of that information.
However, the appellate court disagreed, holding that the claims arise from Care.com’s own conduct and statements—such as marketing materials and site features promoting “background checked” badges or safety guarantees—rather than solely from user-generated content.
This distinction is key: Courts have long interpreted Section 230 broadly to protect platforms from liability for third-party posts, but immunity does not extend to a platform’s original content or promises.
Legal experts note this aligns with precedents where platforms lose protection when they “materially contribute” to alleged harm or create enforceable assurances. For instance, similar rulings have denied immunity when sites promise specific safety measures that go unfulfilled.
Public reactions highlight growing scrutiny of gig economy platforms. Parents and families using services like Care.com express relief, emphasizing the need for accountability in child and elder care matchmaking.
“This ruling sends a strong message that companies can’t hide behind Section 230 when they actively promote safety features,” said one consumer advocacy group spokesperson.
For U.S. consumers, this Section 230 Care.com decision impacts trust in online services for essential needs like childcare, senior care, and home help. With millions relying on such platforms amid rising caregiving costs and workforce shortages, the case underscores demands for transparency and real protections.
It may encourage more lawsuits against similar sites, potentially leading to improved screening processes or clearer disclaimers industry-wide.
The ruling also fuels ongoing national debates about reforming Section 230 amid concerns over online harms, from misinformation to physical safety risks.
As the case potentially heads to higher courts, families affected by platform-matched caregivers watch closely.
This development reinforces that while Section 230 remains a cornerstone for free online speech, it has limits—especially when platforms make their own claims about user safety.
The full impact of this Care.com background checks lawsuit and Section 230 denial will unfold as similar cases emerge nationwide.
By Sam Michael
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