7th Circ. Do not buy an offer to arbitrate a biometric claim ill.

Law360 (May 27, 2021, 6:30 p.m. EDT) – On Thursday, the Seventh Circuit appeared to be reluctant to accept a biometric software company’s argument that it should be able to arbitrate user-filed privacy claims. ‘an online marketplace that uses its software.

Software maker Onfido Inc. claimed in argument before a three-judge panel that a lower court incorrectly applied Illinois law rather than Washington law when it determined the company could not force arbitration of a confidentiality claim brought by Fredy Sosa. The lower court rejected Onfido’s argument that it could invoke the arbitration clause of Sosa’s agreement with the online marketplace OfferUp Inc., for which Onfido provides biometric services.

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7th Circ. Do not buy an offer to arbitrate a biometric claim ill.

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Terrie Graves