Big Little Feelings Can’t Arbitrate Patron’s Video Privacy Suit

KD Creatives Inc., which operates a parenting website, isn’t entitled to send to arbitration claims that it improperly transmitted a user’s purchase history to Meta Platforms through its “tracking pixel” programming code, a federal court ruled.

KD Creatives pointed to its checkout page and several emails sent after the purchase to argue that plaintiff Jennifer Carruth had sufficient notice of its arbitration pact, but those documents weren’t sufficient, Judge Dale A. Drozd, of the US District Court for the Eastern District of California said. The opinion stressed that such notices must be reasonably conspicuous to users.

Carruth, who purchased pre-recorded ...