VIA EMAIL
Jostens, Inc.
7760 France Avenue South, Suite 400
Minneapolis, MN 55435
arbitration@jostens.com
Re: Notice of Individual Dispute Concerning Jostens’s Website and Electronic-Communication Practices
To Whom It May Concern:
I am sending this Notice of Dispute to notify Jostens, Inc. and its corporate affiliates, individually or collectively referred to here as “Jostens,” of a dispute regarding my use of Jostens.com and Jostens’s use of tracking technology on that website, including TikTok-related tracking technology, code, or related processes, to capture, record, decode, or transmit information about my electronic communications and website interactions without valid prior authorization.
Nature and Basis of the Dispute
I personally used Jostens.com while I was physically located in California. I used Jostens.com to {whatDid}, or engage in other shopping- or account-related activity. To the best of my recollection, this occurred on or about the {approximatelyWhen} before this Notice.
When I used Jostens.com, I understood that I was interacting with Jostens for ordinary retail, account- or transaction-related purposes. I did not know or understand that my activity would be captured, recorded, decoded, or transmitted through TikTok-related tracking technology in the manner described below.
Based on my current understanding and my counsel’s investigation, Jostens.com loaded TikTok-related tracking technology during website sessions, including TikTok pixel resources, the _ttp cookie, and related browser-side requests. Those resources loaded and executed in the user’s browser, set or read identifiers, and caused browser-side network requests to be transmitted in connection with the user’s browser, device, session, and Jostens.com activity. Those requests included or reflected core website-activity and session information, including page URL or page-context information, referrer or source information, pageview or event metadata, timestamps, IP address or network-level source information, browser/device/user-agent information, and cookie, session, pageview, or similar identifiers that could be used to recognize, distinguish, or associate me, my browser, device, or session over time.
This information matters because it was tied to the context and purpose of my Jostens.com interactions, not merely to a generic visit to a public webpage. Based on my interactions with Jostens.com, and as reflected in Jostens’s records, my activity may have reflected my interest in certain schools or organizations, products or types of products I searched for, viewed, compared, selected, or clicked; the pages or listings I interacted with; and the timing and sequence of my activity. Combined with TikTok cookie identifiers, IP address information, user-agent, browser and device information, timestamps, URLs, referrers, and event data, this information could be used to profile, recognize, distinguish, or associate me, my browser, device, session, location, and product interests over time. As a result, I lost control over my information and was deprived of the ability to make an informed privacy choice.
I contend that this conduct violated California Penal Code Section 638.51 because Jostens allegedly installed, used, or caused the use of a pen register or trap-and-trace device, process, or functionality to capture, record, decode, or transmit non-content dialing, routing, addressing, signaling, source-identifying, device-identifying, URL/referrer, event, cookie, IP, user-agent, search-related URL or event metadata, session, or similar information about my communications with Jostens.com without a court order and without my valid consent or other lawful authorization.
I also preserve related claims and theories under California Penal Code Section 631 and the Electronic Communications Privacy Act to the extent the facts show that Jostens or any third party intercepted, read, attempted to read, learned, used, disclosed, or aided the interception or use of the contents or substance of my communications with Jostens.com without valid consent. I do not waive any other statutory, common-law, contract, privacy-policy, consumer-protection, equitable, or related theory that may be supported by the facts and law.
I did not knowingly authorize Jostens to use, enable, or cause the operation of TikTok-related tracking technology to capture, record, decode, or transmit information about my Jostens.com activity in the manner described above. To the extent Jostens contends that its terms, privacy policy, cookie policy, continued-use language, or other disclosures provided notice of or consent to the challenged conduct, I dispute that contention. My ordinary use of Jostens.com was not informed, prior, specific, or valid authorization for Jostens to use or cause the use of TikTok-related tracking technology in a manner I contend functioned as a pen register, trap-and-trace device, or similar software process. Jostens’s generalized disclosures did not clearly explain that TikTok-related tracking technology would load during Jostens.com sessions, set or read identifiers, and transmit browser-side network requests containing or reflecting website-activity, session, device, browser, URL/referrer, event, IP address, user-agent, cookie, or similar information associated with my Jostens.com communications.
I am not aware of any court order or other lawful authorization that permitted Jostens, TikTok, or any relevant tracking vendor to use the challenged tracking technology to capture, record, decode, access, disclose, or transmit information from my Jostens.com communications. I reserve the right to supplement this Notice if Jostens contends that any consent, opt-out, preference, court-order, vendor, or other authorization record applies.
Relief Sought
I seek all relief available under applicable law and any applicable agreement, including statutory relief, actual or nominal damages where available, injunctive and equitable relief, deletion, non-use, or de-identification of data derived from the challenged tracking practices, preservation and disclosure of relevant records, attorneys’ fees, arbitration fees, costs, and any additional relief available under law, contract, arbitration rules, or equity.
I also request that Jostens cease the challenged tracking practices unless and until it obtains valid consent and complies with applicable law, and that Jostens provide records sufficient to determine the full scope of data captured, recorded, decoded, transmitted, disclosed, or made available in connection with my Jostens.com interactions.
My current good-faith demand is $5,000, subject to supplementation after Jostens provides records sufficient to evaluate the full amount of statutory, actual, equitable, and other relief owed. This demand is not a cap, waiver, or limitation on my rights. Because the number, timing, nature, and scope of any violations depend on records presently within Jostens’s possession, custody, or control, as well as records maintained by third-party vendors and service providers, I reserve the right to supplement my damages calculation and requested relief after those records become available.
I request that Jostens preserve all documents, electronically stored information, data, logs, code, configurations, communications, contracts, records, and things that may relate to this dispute, including records within Jostens’s possession, custody, or control and records reasonably accessible through vendors, service providers, contractors, or agents acting for or on behalf of Jostens. Jostens should suspend any routine deletion, rotation, overwriting, retention-limit, or destruction process that may affect those records. This preservation request includes, without limitation, records sufficient to identify my relevant interactions, determine what tracking technologies were active during those interactions, evaluate what information was collected or transmitted, calculate relief, and discuss informal resolution.
I authorize Jostens to communicate with my counsel identified below regarding this dispute and to produce to them all records and information concerning my account or associated with my use of Jostens.com that are reasonably necessary to evaluate and resolve this dispute.
Informal Resolution
I am providing this Notice in good faith before initiating formal proceedings in order to afford Jostens an opportunity to discuss an informal resolution of my dispute. Please confirm receipt of this Notice and contact my counsel within 8 business days, consistent with the process Jostens contends applies. If Jostens believes that additional information is required to evaluate or resolve this dispute, please identify the specific information requested and the contractual or legal basis for the request.
Without conceding that any 30-day period is contractually required, enforceable, or necessary to satisfy any condition precedent, I am willing to allow 30 days after Jostens receives this Notice for informal resolution discussions. If the dispute is not resolved within that period, I intend to pursue my rights in any available forum and through any available procedure, including individual arbitration.
In doing so, I expressly reserve all arguments and objections to the validity, enforceability, applicability, interpretation, effect, or satisfaction of any Jostens arbitration, waiver, limitation, forum, governing-law, mass-arbitration, public-injunction, unilateral-modification, informal-resolution, condition-precedent, or dispute-resolution provision, including objections concerning formation, assent, notice, scope, delegation, unconscionability, waiver, fees, costs, limitations periods, venue, arbitral rules, public injunctive relief, representative relief, and consistency with applicable law. I also reject, and do not consent to, any unilateral modification of Jostens’s terms, privacy policy, or any other purportedly applicable terms unless I affirmatively agree in a separate signed writing.
This Notice is not a complete statement of all facts, claims, legal theories, damages, remedies, defenses, objections, responses, or grounds. I reserve the right to amend, supplement, refine, narrow, expand, or otherwise modify this Notice and my requested relief based upon additional investigation, records, technical analysis, discovery, expert review, arbitration proceedings, litigation proceedings, or other information.
Please direct all communications concerning this dispute to my counsel identified below.
Sincerely,