9th Circ. Won’t Let Amazon Arbitrate Kids’ Alexa Privacy Suit

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Law360 (April 23, 2021, 10:48 PM EDT) — The Ninth Circuit on Friday affirmed a district court ruling that Amazon cannot arbitrate suits brought by minors alleging Alexa voice-activated speakers violate state privacy laws, finding that the minors are not trying to enforce a contract between their parents and Amazon.

The panel unanimously determined in their five-page opinion that the minors, who are nonsignatories to the contracts in question, cannot be compelled into arbitration because they are not trying to enforce any rights or duties formed by the contracts Amazon holds with their parents.

“Plaintiffs bring only state statutory claims that do not depend on their parents’ contracts,” the…

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