A teenager who lied about her age in order to use a social media platform must ask an arbitrator to decide if the arbitration agreement she signed as an 11-year-old is void before she can sue Snapchat in federal court for allegedly violating her biometric privacy rights, a federal appeals court ruled.

The U.S. Court of Appeals for the Seventh Circuit noted that only one other federal appeals court has addressed whether an arbitration clause is automatically void because of the age of the person who signed it. In that case, a split panel for the U.S. Court of Appeals for the Sixth Circuit found that using a child’s age as a defense to a binding arbitration agreement must be handled by an arbitrator, while the dissent said a child cannot form a binding agreement at all.

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