K.F.C. v. Snap Inc.

Dist. Ct. did not err in dismissing in favor of arbitration plaintiff’s action alleging that defendant’s Snapchat service violated Illinois Biometric Privacy Act, where plaintiff’s Snapchat account contained arbitration clause. Record showed that plaintiff signed up for her Snapchat account when she was 11, under circumstances where defendant specified that persons must be 13 to have account. Plaintiff argued that because arbitration is matter of contract formation, judges, as opposed to arbitrators, must decide that contract has been formed before they may order arbitration, and that, as current minor, she could not form any contract. Ct. of Appeals, though, found that: (1) under Illinois law, plaintiff’s minor status merely made instant contract voidable, which could be ratified by plaintiff; (2) Illinois law treats age of contracting parties as defense to enforcement of contract; and (3) plaintiff’s potential defense must properly be decided by arbitrator. Ct. similarly noted that youth is defense to contract enforcement, as opposed to impediment to contractual formation.