Children’s clothing brand Janie & Jack is accusing law firm Zimmerman Reed of “weaponizing arbitration agreements” after more than 2,000 claimants sought individual arbitration over allegations of tracking software on its website.
The complaint—filed Monday in the U.S. District Court for the Northern District of California—claims the alleged use of tracking software on Janie & Jack’s website violates California privacy laws. However, Janie & Jack is currently facing similar claims in a putative class action in San Francisco County Superior Court, filed before the Zimmerman Reeds arbitration demands. Monday’s suit contends that the defendants’ claim that they never agreed to any privacy policy on the website directly conflicts with their other claim that they agreed to the company’s terms of service as well as its arbitration agreement.