On Friday in the Central District of California, defendant home security company Ring filed a motion to compel individual arbitration for the plaintiffs in a case alleging that Ring is liable for the hacking of their Ring accounts and devices by bad actors and additionally for allegedly sharing their personal identifying information with third parties without consent.
Read moreCourt Rejects Bid to Move BIPA Case to Binding Arbitration, Declining to Enforce Arbitration Clause in Terms of Service
CPW has previously covered how companies can proactively use binding arbitration agreements to manage litigation risk-including in the context of data privacy litigation. But as a biometric software developer just learned, if you’re not a signatory to the agreement, you better make sure the arbitration clause is drafted broadly enough to cover you to avoid litigating Illinois Biometric Information Privacy Act (“BIPA”) claims in court. Last week in Sosa v. Onfido, Inc., 2021 U.S. Dist. LEXIS 658 (N.D. Ill.), a judge in the Northern District of Illinois refused to motion to compel arbitration for litigation brought under BIPA, finding that the arbitration agreement did not cover the defendant. Read on below.
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