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BETH LABSON FREEMAN United States District Judge [Re: ECF 11] Before the Court is Defendant Friend Finder Networks, Inc.'s motion to compel arbitration and to dismiss under Federal Rule of Civil Procedure 12(b)(1). The Court heard argument on the motion on April 11, 2019. For the reasons discussed herein, the motion is GRANTED, and the action is STAYED pending arbitration.

The company primarily deals in adult entertainment, online dating, and social networking services. However, users can pay for certain upgrades or to access certain services. Plaintiff Alejandro Gutierrez is a long time user of AFF. ¶ 13, and Defendant's records indicate he registered on July 24, 2003, Buckheit Decl. Plaintiff continued to use the site until at least September 6, 2018. As part of the registration process, AFF collects users' personal information, including names and email addresses, billing information, and other content the users might submit. Buckheit's averments in his Supplemental Declaration, ECF 34-2. The breach included account data from Adult Friend Finder (which constituted over 339 million accounts), Cams.com, and Penthouse, including accounts that had supposedly been deleted.The passwords were either stored as plain text or encrypted using the obsolete and insecure SHA-1 cipher.




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Around two hours later an employee at Friend Finder Networks then replied with a “read receipt” to say that the warning email had been read.


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The victims were provided a link to a page on the website that claimed they were a “cheater.” Photos of the victims and their telephone numbers were also posted.


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