HBO Gets Pushback to VPPA Complaint Arbitration Request

HBO's attempt to compel arbitration in a Video Privacy Protection Act complaint (see 2205020055) misses that the contract at issue, with its lack of refund policy and notice of additional terms, is unenforceable, the docket 1:22-cv-01942 plaintiffs told the U.S. District Court in Manhattan in an opposition Friday. They said that when customers subscribed through Amazon Prime Channels and AT&T, the providers never required assent to HBO's terms of use or mentioned the TOU existed, and HBO never provided a refundable opt-out option when the subscribers were then presented with the TOU. HBO outside counsel didn't comment.