Arby’s, Dunkin’ Owner Evades Suit Over Website Cookie Banners

The owner of restaurant chains such as Arby’s, Jimmy John’s, Dunkin’ Donuts, and Baskin-Robbins, convinced a federal magistrate judge in California to dismiss a false cookie banner suit filed by users who visited the websites of the various brands.

The proposed class action alleged that Inspire Brands Inc.'s websites contained cookie banners that promised to remove trackers at a user’s request and failed to do so.

But the plaintiffs had to—and failed—to meet the heightened pleading standard of Federal Rule of Civil Procedure 9(b) because fraud was an essential element of their claims, the US District Court for the Northern ...