Privacy Class Action- Federal Court Grants Roblox’s Motion to Com
Privacy Class Action- Federal Court Grants Roblox’s Motion to Com
Publish Date: 2026-02-23 10:29:00
Source Domain: natlawreview.com
In Garcia et al v. Roblox, United States District Court, C.D. California, 2026 WL 413636 Roblox moved to compel arbitration in a suit alleging the online game platform and creation system collected children’s data in violation of electronic Communications Privacy Act (“ECPA”), the Stored Communications Act (“SCA”), and the Children’s Online Privacy Protection Act (“COPPA”) by secretly recording their children’s online interactions and device details without their knowledge. The California court, in reviewing Roblox’s Terms of Use, granted Roblox’s motion to compel arbitration—finding that the users were provided conspicuous notice that clicking “Sign Up” or “Continue” on it platforms bound them to the arbitration clause contained in its Terms of Use.
The key provisions of the TOU stated:
2023 TOU: “USER AGREES THAT USER IS GIVING UP THE RIGHT TO FILE A LAWSUIT IN COURT BEFORE A JUDGE OR JURY, INCLUDING IN A CLASS ACTION, FOR DISPUTES THAT ARE SUBJECT TO ARBITRATION.” (Declaration of Ronita Jit in Support of Motion (“Jit Decl.”), Ex. 5 § 16.1).
2025 TOU: “YOU ACKNOWLEDGE AND AGREE THAT YOU ARE GIVING UP THE RIGHT TO FILE A LAWSUIT IN COURT BEFORE A JUDGE OR JURY, INCLUDING IN A CLASS ACTION, FOR ANY DISPUTES SUBJECT TO THE ARBITRATION PROVISION BELOW.” (Id., Ex. 6 § 11).
The TOU also included the following clauses about enforceability, scope, and interpretation of the Agreements:
“2023: Enforceability. All issues in the Dispute are for the arbitrator to decide, except that only a court may decide issues relating to the scope, interpretation, and enforceability of these Arbitration Terms, or whether a Dispute can be arbitrated. (Id., Ex. 5 § 16.4.9).
2025: The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to the extent permitted by law to resolve all Disputes arising out of or relating to the interpretation, applicability, enforceability, or formation of the…
