No. 13-5946 Jones v. Dirty World Entm’t Recordings, et al. Page 17 the development of this content, which comes entirely from subscribers and is passively displayed by Roommate. Without reviewing every essay, Roommate would have no way to distinguish unlawful discriminatory preferences from perfectly legitimate statements. Nor can there be any doubt that this information was tendered to Roommate for publication online. This is precisely the kind of situation for which section 230 was designed to provide immunity. Id. at 1173−74 (internal citation omitted). Furthermore, the court rejected the argument made by the fair housing councils that the website developed the allegedly illegal content displayed in the additional comments section because the website encouraged the submission of discriminatory preferences. Id. at 1174. The court reasoned that “[t]he fact that Roommate encourages subscribers to provide something in response to the prompt is not enough to make it a ‘develop[er]’ of the information.” Id. (second alteration in original). Because “Roommate does not tell subscribers what kind of information they should or must include as ‘Additional Comments,’ and certainly does not encourage or enhance any discriminatory content created by users,” the court held that the operation of the additional comments section did not materially contribute to the alleged unlawfulness of the content displayed on the website’s comments section. Id. The material contribution test has been adopted and applied by other circuits, with instructive effect. Compare Nemet, 591 F.3d at 257−58 (holding that a website did not contribute to alleged illegality), with Accusearch, 570 F.3d at 1200−01 (holding that a website did contribute to alleged illegality). In Nemet, Nemet, the owner of a Chevrolet dealership, sued Consumeraffairs.com, a website allowing users to comment on the quality of goods and services, after various allegedly tortious, third-party posts appeared on the website relating to automobiles sold or serviced by him. 591 F.3d at 252. The website claimed immunity under the CDA. Nemet responded that the website was, in fact, an information content provider under § 230(f)(3), and was thus liable as a co-developer, because of the “structure and design of its website” and because “Consumeraffiars.com solicit[ed] its customers’ complaints [and] steered them into specific categor[ies].” Id. at 256 (first and third alterations in original) (quotation marks omitted). The panel affirmed the district court’s grant of the website’s motion to dismiss because “[e]ven accepting as true all of the facts Nemet pled as to Consumeraffairs.com’s liability for the structure and design of its website, the amended complaint does not show, or