Shutterfly Sent Improper Arbitration Email, Says Class

Law360 (November 26, 2019, 3:53 PM EST) -- Shutterfly Inc. improperly tried to bind users to arbitrate biometric privacy claims by mass-emailing updated terms and conditions without disclosing pending litigation, a proposed class told an Illinois federal judge Tuesday.

The proposed class said the online photo site sent the arbitration notice three months after it was sued for allegedly storing biometric data from its facial recognition technology without complying with the Illinois Biometric Information Privacy Act. The class is asking the judge to invalidate an email from Shutterfly that notified users they would be required to individually arbitrate claims against the company unless they closed their accounts within a...

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