Split 9th Circ. Sends Alexa Privacy Suit To Arbitration

By Dave Simpson (February 19, 2021, 10:52 PM EST) -- A split Ninth Circuit panel sent to arbitration a proposed class action alleging Amazon's Alexa devices violate state privacy laws, reversing a lower court's decision, which found the claims didn't belong in arbitration because Amazon's alleged conduct was "criminal in nature."

The 2-1 majority said the California federal court was wrong to keep from arbitration claims of surreptitious recording levied by Hayley Tice, the wife of a man who has an Alexa account and who sued under the California Invasion of Privacy Act.

"Tice alleged civil claims and sought civil remedies under the CIPA, and arbitrators are not precluded from considering whether...

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