Shutterfly Says Email Wasn't Attempt To Force Arbitration

By Rachel Stone (March 23, 2020, 5:58 PM EDT) -- Shutterfly Inc. has slammed putative class allegations claiming it improperly attempted to arbitrate a suit alleging the company stored biometric data from its facial recognition technology, telling an Illinois federal court that the users could not prove that they would ever win certification.

The image-sharing company filed a response Friday arguing that a mass email it sent users updating its terms and conditions without disclosing pending litigation was not an attempt to misinform users or bind them to arbitration, as the proposed class previously claimed.

"Shutterfly merely updated its existing arbitration clause, which already covered the claims asserted in this action,"...

Stay ahead of the curve

In the legal profession, information is the key to success. You have to know what’s happening with clients, competitors, practice areas, and industries. Law360 provides the intelligence you need to remain an expert and beat the competition.

  • Access to case data within articles (numbers, filings, courts, nature of suit, and more.)
  • Access to attached documents such as briefs, petitions, complaints, decisions, motions, etc.
  • Create custom alerts for specific article and case topics and so much more!


Hello! I'm Law360's automated support bot.

How can I help you today?

For example, you can type:
  • I forgot my password
  • I took a free trial but didn't get a verification email
  • How do I sign up for a newsletter?
Ask a question!