Musely Unable to Compel Arbitration in Class Action Privacy Suit

A company that provides medically prescribed skincare products was unsuccessful in its bid to force arbitration in a software privacy suit because its terms of service weren’t reasonable for online users to locate, a district court ruled.

Trusper Inc., also known as Musely, may not compel arbitration for a proposed class of patients who allege the company unlawfully intercepted their personally identifiable and protected health information, according to an order Oct. 11 in the US District Court for the Northern District of California. Arbitration wasn’t appropriate because Musely failed to have a “reasonably conspicuous” arbitration clause in its participation ...