Burger King Owner Must Face Website Cookie Banner Suit in Court

Restaurant Brands International failed to require arbitration of a California resident’s allegation that the Burger King website used tracking cookies despite an opt-out banner.

The record lacked clear and convincing evidence the visitor waived his right to challenge the existence of an arbitration agreement, Judge Jacqueline Scott Corley said for the US District Court for the Northern District of California.

Daniel Pemberton had filed a demand with the American Arbitration Association disputing that the case could be arbitrated. The arbitrator determined that a federal judge needed to ascertain whether an agreement to arbitrate existed.

The record failed to show that ...