Twilio Forces SDK Privacy Suit Into Arbitration as Third Party

Twilio Inc. can fight claims that its software development kit violated California privacy law and the federal Wiretap Act by collecting consumers’ contact information and app activities without consent in arbitration.

Twilio can enforce Calm.com Inc.'s arbitration agreement as a third-party beneficiary because plaintiff Noah Bender’s claims were based on and intertwined with the mental health app’s terms of service. He lacked viable claims against Twilio without reference to the agreement, according to the Monday order from the US District Court for the Northern District of California.

It wouldn’t be fair to require Twilio to litigate claims that would be ...