9th Cir.;
16-71818

The court of appeals granted a petition for wit of mandate. The court held that a defendant could not invoke the choice-of-law provision in the plaintiffs' contract with a third party in order to compel arbitration.

Turn, Inc. was a “middle man” for Internet-based advertisements. It contracted with Verizon to deliver advertisements to Verizon subscribers. Turn attached tracking cookies to Verizon subscribers' “unique identifier headers” to collect and send the subscribers' web-browsing and usage data to Turn's servers, which it then used to develop targeted advertising. Verizon subscribers Anthony Henson and William Cintron filed a putative class action against Turn for its use of the tracking cookie, claiming that Turn (1) engaged in deceptive business practices in violation of New York General Business Law §349, and (2) committed trespass to chattels by intentionally interfering with the use and enjoyment of Verizon subscribers' mobile devices. Turn moved to compel arbitration pursuant to the arbitration clause in Henson's and Cintron's subscriber agreements with Verizon. Turn also asked the court to apply New York law based on a choice-of-law provision in the Verizon subscriber agreements.