the app users to hand over information in discovery associated with their accounts to help determine whether the claims belong in arbitration.
Plaintiffs filed a 27-count consolidated class action complaint in March, faulting Zynga for allegedly failing to protect customers' personal information in relation to a September 2019 breach of its customer database. Zynga renewed its motion to compel, asserting that the information it got through discovery led to records showing three plaintiffs accepted the company's 2019 terms of service. Zynga also moved to dismiss the action as to the remaining plaintiffs for lack of standing.
The judge on Friday found the three plaintiffs entered into an arbitration agreement when accepting the 2019 service terms. She also concluded the agreement "clearly and unmistakably delegated questions of arbitrability to the arbitrator," and the plaintiffs don't "raise a valid unconscionability challenge specifically directed at the delegation clause."
The judge granted the motion to dismiss the rest of the plaintiffs' claims with leave to amend. Citing the U.S. Supreme Court's recent decision in TransUnion LLC v. Ramirez, she found the complaint as currently pled doesn't satisfy a standing requirement to show a concrete injury-in-fact. The case is I.C., et al v. Zynga Inc, U.S. District Court for the Northern District of California, No. 4:20-cv-01539.For the plaintiffs: Adam Zapala of Cotchett, Pitre & McCarthy
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