Ring Plaintiff ‘Undisputedly Accepted’ Arbitration, Says Reply Brief

U.S. District Judge John Walter for Central California in Los Angeles should compel all of plaintiff Alison White’s false advertising claims against Ring and Home Depot to arbitration, said the defendants’ reply brief Monday (docket 2:22-cv-06909). If the court declines to compel arbitration, “it should dismiss all of White’s claims with prejudice,” it said. Walter signed an order Friday scheduling a jury trial on White’s claims to begin Dec. 12 (see 2301090004). White, a licensed attorney, alleges Ring and Home Depot misrepresented in their ads and marketing materials that Ring’s Jobsite Security 5-Piece Starter Kit will contact the authorities automatically if a home's security system is breached. Ring and Home Depot deny wrongdoing. “Faced with the reality” that White agreed to arbitrate all her claims, she now “attempts to escape arbitration” by mischaracterizing her agreements, misstating the law and claiming she never read the defendants’ contract terms any of the 24 times she clicked “to accept them,” said their brief. The evidence before the court, including White’s own testimony, demonstrates she “undisputedly accepted” the arbitration terms through the defendants’ “enforceable ‘clickwrap’ and ‘modified clickwrap’ agreements,” it said. “White is bound to those terms regardless of whether she chose to read them.”