Glaser Weil Favorably Resolves Privacy-Based Arbitration Against Fintech Client

Glaser Weil represented a fintech startup offering digital payment solutions for the used-car market, in an arbitration involving novel privacy claims. The matter centered on the company’s alleged use of Session Replay Code and embedded Meta Pixels on its website.

Session Replay Code enables businesses to view a visual playback of user interactions—such as clicks, mouse movements, scrolling and time spent on a page—while Meta Pixels track user actions and behavior across websites. These claims reflect an emerging trend in data privacy litigation, with similar cases—including multidistrict litigation (MDLs) and appellate matters—being actively litigated across the country, including before the Ninth Circuit.

In April 2025, Glaser Weil secured a highly favorable resolution of this matter, along with a related companion case filed by the same plaintiffs’ firms. This outcome was made possible by the Firm’s assertive litigation approach, aggressive strategy and early case positioning.

The arbitration was administered through JAMS, with the companion case filed in San Diego County Superior Court. The Glaser Weil team was led by Partner Elizabeth Sperling, Co-Chair of the Firm’s Banking and Financial Services Practice, with support from associates Alaina Bird and Thomas Barajas.