9th Circuit Court of Appeals reverses order requiring arbitration

September 19, 2017 by

The U.S. Circuit Court of Appeals for the Ninth District recently reversed a District Court decision that forced Verizon customers into an arbitration against a different company, Turn, Inc.

The Court found that the claims did not arise out of the Verizon contract which contained an arbitration clause.

Instead, the consumers were asserting privacy claims against a third party marketing firm that allegedly tracked users with “supercookies.” Turn, Inc. had allegedly teamed with Verizon to use the telecom company’s device specific unique identifier header to allow online advertisers to deliver unique ads to subscribers based on their mobile data usage. The plaintiffs assert that Turn violated the users privacy because the supercookies secretly monitor their behavior and users cannot detect, delete, or block the supercookies.

Turn, Inc. previously reached an agreement to resolve claims brought by the Federal Trade Commission by overhauling its privacy practices.

The case is Anthony Henson et al. v. U.S. District Court, case number 16-71818 (9th Cir. September 5, 2017).

Keith Dubanevich
Keith is an accomplished trial, appellate, and healthcare lawyer with over 30 years of experience in more than a dozen different jurisdictions around the country. With a focus on complex dispute resolution, with particular emphasis in the healthcare industry, Keith is adept at handling multi-state and internal antitrust cases, consumer litigation, and securities disputes. In healthcare, he has handled peer review disputes, partnership and incorporation matters, and billing investigations. Keith has led internal investigations for public entities as well as for not-for-profit organizations. Keith's clients value his keen instincts in court and his ability to delve into complex legal issues while never losing sight of the overall strategy of a case. During his time at the Oregon Department of Justice as Associate Attorney General and Chief of Staff, Keith led the creation of a civil rights unit, managed securities litigation including multiple cases against financial services companies, and supervised antitrust investigations and prosecutions. He was also involved with the adoption of legislation that expanded the Unlawful Trade Practices Act and legislation that imposed a mediation requirement prior to non-judicial foreclosures.

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