CLICK, AGREE, AND YOUR KIDS ARE BOUND- Court Compels Minor Children To Arbitrate Personal Data Claims Because Their Parents Accepted Roku’s Terms Of Service
A federal judge in California has ordered a class-action privacy case involving minor children into binding arbitration, ruling that parental acceptance of Roku's terms of service extends to the children themselves—even though the minors never personally agreed to arbitrate their claims. U.S. District Judge Jesus Bernal of the Central District of California issued the order despite class counsel arguing that Roku presented no evidence the child plaintiffs had consented to arbitration. The case centers on whether Roku's published dispute-resolution clause, which mandates individual binding arbitration, can bind non-signatories who lack capacity to contract.