A federal judge in Maryland denied a CuriosityStream’s motions for arbitration and to dismiss a class-action suit alleging violations of the Video Privacy Protection Act and California state law after the documentary streaming service allegedly disclosed users’ personally identifiable information to Facebook.

CuriosityStream satisfied its first element to show there was an agreement to arbitrate the actions. However, the issue before the court was whether the plaintiffs had clear notice that, by clicking the “Sign up now” button, they agreed to CuriosityStream’s Terms of Use, according to Judge Stephanie A. Gallagher of the U.S. District Court for the District of Maryland.

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