Subscribers With Privacy Claims Fight ESPN on Arbitrator Choice

Hundreds of current and former ESPN+ subscribers asked a federal court Wednesday to compel ESPN and its parent Walt Disney Co. to arbitrate their video-privacy claims against ESPN before JAMS Mediation, Arbitration and ADR Services.

The petitioners allege that ESPN shared their personal information and video-watching histories with numerous third-party advertisers and data brokers in violation of the Video Privacy Protection Act. They argue that ESPN was bound to arbitrate their claims under the mandatory-arbitration provision contained in the ESPN+ subscriber agreement that was in effect in January 2023.

That provision, which names JAMS as the arbitration provider, applied ...