13 results for 'cat:"Arbitration" AND cat:"Privacy"'.
J. Simmons grants a digital bank's motion to compel arbitration against a borrower who claims the bank failed to protect her and other borrowers from cybercriminals. Although the borrower submitted her loan application through a portal hosted by Wisetack and agreed to Wisetack's terms of service, which included an arbitration clause, the borrower's claims against the online bank are "intimately founded in and intertwined with" the underlying contract. Therefore, the doctrine of equitable estoppel applies and the bank may enforce Wisetack's arbitration agreement as a non-signatory party.
Court: USDC Southern District of California, Judge: Simmons, Filed On: March 29, 2024, Case #: 3:23cv813, NOS: Other Personal Property Damage - Torts - Personal Property, Categories: arbitration, privacy, Contract
J. Brennan finds that the lower court properly found that the children of guardians who activated DNA test kits on their behalf are not bound by the arbitration agreement signed by the guardians who signed up for the genetic testing service. Therefore, the children may sue Ancestry for violating their privacy rights by disclosing their confidential genetic information when another business acquired Ancestry.com. Affirmed.
Court: 7th Circuit, Judge: Brennan, Filed On: February 15, 2024, Case #: 22-2813, Categories: arbitration, privacy, Contract
J. Boulee grants the corporation's motion to compel arbitration in a putative class action brought by the news website subscriber alleging that the corporation shared her personal information without her consent in violation of the Video Privacy Protection Act. The subscriber, who signed up for an account on the news website via Facebook, agreed to the arbitration provision through a valid browsewrap agreement when she registered her account.
Court: USDC Northern District of Georgia, Judge: Boulee, Filed On: February 12, 2024, Case #: 1:22cv4462, NOS: Other Statutory Actions - Other Suits, Categories: arbitration, privacy, Class Action
J. Smith finds that the district court properly granted a company’s motion to compel arbitration and dismissed without prejudice consumers' six putative class actions arising from a data breach of the company’s websites. The class members had sufficient notice of the underlying arbitration provision. Affirmed.
Court: 9th Circuit, Judge: Smith, Filed On: February 12, 2024, Case #: 22-56078, Categories: arbitration, privacy, Class Action
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J. Miller finds the trial court properly compelled arbitration in a lawsuit the cosmetic surgery clinic faces from a patient who discovered nude pictures of herself on Instagram after undergoing surgery at the clinic. Though she claims the arbitration agreement was unlawful because it was presented to her on the eve of her surgery after she had already paid her deposit, the patient's claims that the contract is unconscionable and was made under duress fail, so the trial court's order compelling arbitration is upheld. However, under the Revised Florida Arbitration Code, the trial court should have stayed and not dismissed the lawsuit, so that part of the trial court's order is overturned and the case is remanded. Affirmed in part.
Court: Florida Courts Of Appeal, Judge: Miller, Filed On: October 4, 2023, Case #: 22-1927, Categories: arbitration, privacy, Contract
J. Leinenweber partially grants Samsung device users' motion to compel arbitration against Samsung for its refusal to pay filing fees in an underlying Biometric Information Privacy Act suit. The arbitration motion is dismissed as to the 14,335 device users who haven't shown proper venue in the Northern District of Illinois, but arbitration can move forward for those whose proper venue is provably in Northern Illinois.
Court: USDC Northern District of Illinois, Judge: Leinenweber, Filed On: September 12, 2023, Case #: 1:22cv5506, NOS: Arbitration - Other Suits, Categories: arbitration, Civil Procedure, privacy
J. Quraishi denies without prejudice the employer's motion to compel arbitration for claims brought by one of its former employees in a suit stemming from a data breach, finding that such questions cannot be resolved without considering the arbitration agreement at issue, which is evidence extraneous to the current pleadings. The parties are ordered to conduct expedited discovery on that issue and the employer may file a renewed motion to compel arbitration. Claims brought by a non-signatory to the arbitration agreement are stayed until resolution of this issue, and the employer's motion to dismiss is otherwise denied.
Court: USDC New Jersey, Judge: Quraishi, Filed On: August 31, 2023, Case #: 3:22cv6739, NOS: Other Personal Injury - Torts - Personal Injury, Categories: arbitration, privacy, Class Action
J. Rodriguez grants AT&T its motion to compel arbitration following allegations of breach of contract, invasion of privacy and negligence brought by a class of customers. After a data breach of over 9 million customer accounts in March of this year, the class asserts that any agreement between itself and AT&T is unenforceable based on the company’s unconscionable actions. However, because the arbitration agreement that the class signed covers “all disputes and claims,” the class is subject to arbitration.
Court: USDC Western District of North Carolina, Judge: Rodriguez, Filed On: August 24, 2023, Case #: 5:23cv38, NOS: Other Personal Injury - Torts - Personal Injury, Categories: arbitration, privacy, Contract
J. Bea dismisses in part and vacates a district court’s order denying a company's motion to compel arbitration. The matter in which a class alleged that the company violated right of publicity by using photos on its website Classmates.com is remanded.
Court: 9th Circuit, Judge: Bea, Filed On: August 3, 2023, Case #: 22-35262, Categories: arbitration, privacy
J. Kelley refuses to compel arbitration on a woman’s putative class action, in which she claims America’s Test Kitchen violated her privacy by sharing her video-watching activities to a third party. The company's site's terms and conditions are not conspicuous, and there is a dispute of fact whether the individual gave her consent to disclose her personal information.
Court: USDC Massachusetts, Judge: Kelley, Filed On: June 27, 2023, Case #: 1:22cv11309, NOS: Other Statutory Actions - Other Suits, Categories: arbitration, privacy
J. Shah grants Microsoft’s motion to compel arbitration in a Biometric Information Privacy Act case brought against it by two Uber drivers. The drivers sued the tech giant over Uber using its facial recognition to collect their facial geometry without their consent as part of the rideshare company’s “real time ID check” system. The drivers are bound by an arbitration clause in their contract with Uber, and as Microsoft is a third-party beneficiary of that contract, the court agrees their claims against it must also go to arbitration.
Court: USDC Northern District of Illinois, Judge: Shah, Filed On: June 26, 2023, Case #: 1:21cv3229, NOS: Other Personal Injury - Torts - Personal Injury, Categories: arbitration, privacy, Business Practices