9th Circuit Court of Appeals reverses order requiring arbitration

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 and appellate lawyer with over 35 years of experience in more than a dozen different jurisdictions around the country. With a focus on complex dispute resolution, Keith is adept at handling multi-state and international antitrust cases, consumer litigation, and securities disputes. Keith has argued appeals in multiple state and federal appellate courts, and handled appeals to the U. S. Supreme Court. 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. A judge commented that during a recent trial Keith was “remarkably thorough, … prepared, respectful, and efficient.” Keith has also received high praise from his peers including this comment about a recent arbitration proceeding: “I was so impressed with your professionalism and effectiveness. Your whole presentation was a model of what an advocate should be.” 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 to include financial services companies.


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