Tile Tells Ninth Circuit Arbitration Emails Count Even If Sent to Spam
America ı By Ahmed Boughalleb
0 Comments
Tile Inc. urged the Ninth Circuit on Monday to force a proposed class action into arbitration, arguing that customers were adequately notified of its arbitration clause through a mass email even if that message landed in users’ spam folders.
The dispute stems from a lawsuit accusing Tile and its partners of creating Bluetooth tracking devices that can be misused by stalkers. During oral arguments in San Francisco, Tile’s attorney said continued use of the Tile app after the company sent notice of updated terms amounted to customer consent.
The appeal challenges a December 2024 ruling by U.S. District Judge Rita F. Lin, who partially denied Tile’s effort to compel arbitration in a suit brought by Tile users Melissa Broad and Jane Doe.
Tile produces small Bluetooth trackers designed to help locate misplaced items such as keys and wallets. In 2021, the company partnered with Amazon, allowing Tile devices to tap into Amazon’s Sidewalk network, which relies on Bluetooth signals from Echo devices to expand tracking range.
The plaintiffs claim the expanded tracking capability created safety risks and lacked sufficient safeguards to prevent stalking. Their lawsuit alleges negligence, design defects, unjust enrichment, privacy violations and breaches of California law.
Tile sought arbitration in mid-2024, pointing to terms of service agreed to by the plaintiffs in 2021 and 2023, along with later updates. Judge Lin ruled that claims tied directly to the plaintiffs’ own use of Tile products belonged in arbitration but allowed broader claims to proceed in court.
Arguing before the Ninth Circuit, Tile attorney Jeffrey M. Gutkin of Cooley LLP said both plaintiffs accepted arbitration by continuing to use Tile’s service after receiving an October 2023 email announcing updated arbitration terms.
Gutkin relied on Ninth Circuit precedent, including Mohamed v. Uber Technologies Inc., arguing that similar arbitration provisions had already been upheld. He also said Tile’s earlier terms incorporated American Arbitration Association rules, which typically leave questions of arbitrability to arbitrators.
Plaintiffs’ counsel David F. Slade of Wade Kilpela Slade LLP pushed back, arguing there is no proof one plaintiff received the email and that the other never saw it because it went to spam. He said Tile’s terms did not clearly delegate arbitrability decisions away from federal courts.
Slade also disputed Tile’s reading of Brennan v. Opus Bank, saying incorporation of arbitration rules does not automatically shift arbitrability decisions when the same agreement also directs disputes to California courts.
Members of the appellate panel expressed skepticism toward both sides. U.S. Circuit Judge Jacqueline H. Nguyen noted that she personally receives thousands of spam emails and rarely checks them.
“I get thousands of junk emails and I have to confess I don’t often check my junk email box,” she told Tile’s counsel, asking for authority showing that spam-folder delivery still counts as notice.
Gutkin cited a 2024 California district court ruling in Ghazizadeh v. Coursera Inc., which found that mass emails announcing arbitration provisions could provide sufficient notice when users continued using a service without objection.
The panel took the case under submission.
The appeal is Shannon Ireland-Gordy et al. v. Tile Inc. et al., case number 25-403, in the U.S. Court of Appeals for the Ninth Circuit.
Discussion
No comments yet. Be the first to join the discussion!
FOLLOW US
Recent Posts
Anna Kepner Killing: Federal Judge Orders Jail for Stepbrother Amid…
GM and Lockheed Martin Shock the Defense World with Major…
SpaceX Stuns the World with $60 Billion All-Stock Takeover of…
12 Killed in Horrific Skydiving Plane Crash in Missouri —…
First Tropical Storm of 2026 Season Could Strike Gulf Coast…
Russia Shadow Fleet Captain Faces UK Sanctions Charges After English…
8 Killed in ‘Unsurvivable’ B-52 Bomber Crash at Edwards Air…
Don’t Miss It
FBI Thwarts Chilling Drone & Sniper Plot to Assassinate Trump at White House UFC Fight — Suspects Planned Chaos on the South Lawn
By – Rihem AkkoucheJustice or Privilege? The Unsettling Truth Behind Diddy’s Shortened Prison Timeline
By – Tyler BrooksTrump: Magneto’s Secret Weapon to Fuel His Rage in Avengers: Doomsday
By – Tyler BrooksDana White Declares The Historic UFC Freedom 250 White House Event Will Never Happen Again
By – Tyler BrooksClaude vs U.S Government And The 90-Minute Ultimatum: Why the Government Just Pulled the Plug on the World’s Most Powerful AI
By – Tyler BrooksKanye West and Kim Kardashian Daughter: Is North West the Next Superstar? See the Moment She Took the Stage Following Her 13th Birthday Milestone
By – Tyler BrooksCruise Ship Horror: Teen Accused in Brutal Killing of Stepsister Taken Into Custody as Adult Charges Loom
By – Tyler BrooksWhat We Know About the Edwards AFB B-52 Crash and Readiness Risk
By – Tyler Brooks
Kelly Warner Law Firm Blames USA…
In what appears as a desperate attempt to defend multiple…
By – USA Herald
Aaron Kelly Law Firm Resorts To…
Attorney Aaron Kelly and his law partner Daniel Warner are…
By – Jeff Watterson
Arizona Bar Opens Investigation on Attorney…
USA Herald recently reported on a developing story involving Attorneys…
By – Paul O'Neal
The New Legal Frontier: State Nuisance…
By Taylor Brooks | June 16, 2026 For two decades, the…
By – Tyler Brooks
Is Mental Health the Pivot Point…
As the high-profile Manhattan murder case against Luigi Mangione approaches…
By – Tyler Brooks
Beyond the Hype: White House Launches…
For decades, the topic of Unidentified Aerial Phenomena (UAP) was…
By – Tyler Brooks
Body Found Floating in Queens Park…
A Body Found Floating in a pond at a quiet…
By – Jackie Allen
Pulisic Is Not Training. What Happens…
Mauricio Pochettino pulled Christian Pulisic at halftime of the USMNT’s…
By – Nicolas Carreno
B-52 Crashed at Edwards Air Force…
Eight people are believed dead after a U.S. Air Force…
By – Nicolas Carreno
Trump Ordered Anthropic to Pull Its…
On June 13, Commerce Secretary Howard Lutnick sent a letter…
By – Nicolas Carreno
ZCash Security Scare Raises Questions About…
ZCash has found itself at the center of a major…
By – Jackie Allen
Intelligence Gaps and National Security Debates…
The expiration of Section 702 of the Foreign Intelligence Surveillance…
By – Tyler Brooks
Oliver Tree Dies at 32 in…
Oliver Tree, the genre-blending singer, songwriter, and internet personality was…
By – Jackie Allen
The Pentagon Dropped Its Third UFO…
The files keep coming. And with each drop, the official…
By – Nicolas Carreno
New York Chaos Erupts After Knicks…
New York Chaos unfolded across the city after the New…
By – Jackie Allen
The Pursuit of Biological Immortality and…
The objective was clear, articulated in the sterile language of…
By – Tyler Brooks
New York Chaos Erupts After Knicks…
New York Chaos unfolded across the city after the New…
By – Jackie Allen
New York Knicks End 53-Year Championship…
The New York Knicks have finally climbed back to the…
By – Jackie Allen
Paramount and Warner Brothers Merger Approved…
The proposed Paramount and Warner Brothers Merger has cleared a…
By – Jackie Allen
David Geffen Reunites With Ex-Husband Aboard…
David Geffen is making headlines again after being spotted spending…
By – Jackie Allen
Me Too Fallout Deepens as French…
The Me Too movement continues to reshape France’s entertainment industry…
By – Jackie Allen
Me Too Fallout Deepens as French…
The Me Too movement continues to reshape France’s entertainment industry…
By – Jackie Allen
Iran Agreed to US Demands: Trump…
In a major diplomatic development, Iran Agreed to US Demands,…
By – Jackie AllenThe Me Too movement continues to reshape the entertainment industry…
By – Jackie Allen
Fatal Accident in Tulsa: Oklahoma Father…
A Fatal Accident in Tulsa that claimed the life of…
By – Jackie Allen
“You’re Killing Me” Brings Brooke Shields…
“You’re Killing Me” is one of Acorn TV’s newest mystery…
By – Jackie Allen
Karmelo Anthony Sentenced to 35 Years…
The case of Karmelo Anthony has drawn widespread attention across…
By – Jackie Allen
B-52 Crashed at Edwards Air Force…
Eight people are believed dead after a U.S. Air Force…
By – Nicolas Carreno
The End of an Era: Seth…
The long-standing creative partnership between Seth Rogen and James Franco…
By – Tyler Brooks
30-year-old franchise: Pixar Wages War Against…
The hallowed halls of Pixar Animation Studios have become the…
By – Tyler Brooks
Steven Spielberg Disclosure Day Crushes Box…
The theater industry has just witnessed a seismic shift. Steven…
By – Tyler Brooks
Rainn Wilson: “The Office” Would Be…
The entertainment industry is facing an unprecedented institutional shift as…
By – Tyler Brooks
BackRooms: Hollywood Disruptors and the Rise…
In the second week of May 2025, senior executives at…
By – Tyler Brooks
Nichelle Nichols’ Final Mission Ends in…
By Samuel López | USA Herald The woman who helped…
By – Samuel Lopez
Cannabis Giants Hit with Sweeping Class…
A major class action filed May 4, 2026, accuses five…
By – Samuel Lopez
New Pill Doubles Survival for Pancreatic…
Pancreatic cancer pill doubles life to 13 months By Tyler…
By – Tyler Brooks
FDA warns public as cookie firm…
FDA warns public as cookie firm rejects urgent recall request…
By – Tyler Brooks
Trump orders CDC to slash childhood…
Trump orders CDC to slash childhood vaccines from 17 to…
By – Tyler Brooks
USDA warns Americans over Salmonella in…
USDA warns Americans over Salmonella in meat products By Tylor…
By – Tyler Brooks
Mexico vs South Africa World Cup…
The 2026 FIFA World Cup is officially underway, but the…
By – Rihem Akkouche
FIFA World Cup 2026: Gianni Infantino…
The countdown to the FIFA World Cup 2026 has transformed…
By – Tyler Brooks
The Halfway House Showdown: Convicted Serial…
Justice. Accountability. Public Safety. For the survivors who faced Darren…
By – Tyler Brooks
New York Knicks NBA Finals Game…
The New York Knicks took center stage during Game 3…
By – Jackie Allen
Chinese Company Blocked from Claiming Olympic…
By Samuel López | USA Herald The Olympic rings are…
By – Samuel Lopez
Lawsuit Aims to Knock Out Trump’s…
By Samuel López | USA Herald The fight may not…
By – Samuel LopezNo posts found.
No posts found.
