Tile Tells Ninth Circuit Arbitration Emails Count Even If Sent to Spam - USA Herald
Tile argues that notification of its arbitration clause via email, even to spam folders, constitutes adequate notice and supports forcing a class action into arbitration.Summary
Tile Inc. is appealing a district court’s decision regarding a proposed class action lawsuit, arguing that customers were properly notified of its arbitration clause through a mass email, even if the email landed in spam folders. The lawsuit accuses Tile of creating Bluetooth tracking devices misused by stalkers, alleging negligence and privacy violations. Tile contends that continued use of the Tile app after receiving notice of updated terms constitutes customer consent to arbitration. During oral arguments before the Ninth Circuit, Tile’s attorney cited precedent, including *Mohamed v. Uber Technologies Inc.*, and a 2024 California district court ruling, *Ghazizadeh v. Coursera Inc.*, to support their claim. Plaintiffs’ counsel countered that there’s no proof one plaintiff received the email and that the other’s email went to spam, arguing that Tile’s terms don’t clearly delegate arbitrability decisions. The appellate panel expressed skepticism towards both sides, with one judge noting the unlikelihood of checking spam folders. The case, *Shannon Ireland-Gordy et al. v. Tile Inc. et al.*, is currently under submission.
(Source：USA Herald)