Ninth Circuit Narrowly Defines “Public Injunctive Relief” in Privacy Case, Limiting Plaintiffs’ Ability to Circumvent Arbitration Agreements

Kanu Song, Kathryn Cahoy, and Andrew Soukup of Covington and Burling write:

In putative privacy class action Hodges v. Comcast Cable Communications, LLC, involving  Comcast’s privacy and data-collection practices, Comcast moved to compel arbitration based on its subscriber agreement.  The district court denied the motion based on California’s McGill rule, which may invalidate arbitration agreements that purport to waive the right to seek public injunctive relief in any forum.

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