VIA EMAIL
Brinker International, Inc.
Chili’s, Inc.
3000 Olympus Blvd.
Dallas, TX 75019
Attn: Legal Department
legalnotices@brinker.com
Notice of Intent to Arbitrate
To Whom It May Concern:
I am sending this Notice of Dispute to notify Brinker International, Inc. and its wholly owned subsidiary, Chili’s, Inc. and their corporate affiliates, individually or collectively referred to here as “Chili’s,” of a dispute regarding my use of chilis.com and Chili’s use of tracking technology on that website, including TikTok Pixel- and Meta Pixel-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 chilis.com while I was physically located in California. I used chilis.com to {typeA161}, or engage in other shopping- or account-related activity. To the best of my recollection, this occurred approximately {pleaseComplete} before this Notice.
When I used chilis.com, I understood that I was communicating and interacting with Chili’s for ordinary ordering, account, or dining purposes. I did not know or understand that information associated with my communications and interactions with Chili’s would be captured, recorded, decoded, transmitted, or otherwise processed through TikTok Pixel- and Meta Pixel-related tracking technology in the manner described below.
Based on my current understanding and counsel’s testing, chilis.com set or caused to be set TikTok Pixel- and Meta Pixel-related tracking technology during website sessions, including TikTok and Meta pixel resources, the Meta fbp browser identifier, TikTok session identifier, the _ttp cookie, and associated browser-side scripts, network requests, tag-management processes, and related software processes (collectively, the “Chili’s Tracking Tools”). Chili’s caused browser-side pixel and tracking processes to load during website visitors’ sessions and, after loading, to send background communications from visitors’ browsers to TikTok-related and Meta/Facebook-related endpoints through Chili’s Tracking Tools. Those communications contained or reflected non-content routing, addressing, signaling, source-identifying, browser-identifying, device-identifying, session-identifying, event-identifying, and related tracking information associated with communications and interactions with chilis.com—e.g., page URLs, referrer information, pageview and event information, click-event information, timestamps, IP-address information, browser and device information, user-agent information, persistent identifiers and cookies including the Meta fbp browser identifier, TikTok session identifier, _ttp, TikTok session-related identifiers, and product/cart-related event parameters. The testing also reflected TikTok Pixel- and Meta Pixel-related requests occurring while a cookie consent banner offering users the ability to accept or reject non-essential tracking technologies was visible but had not yet fully loaded its operative scripts, before any affirmative cookie-choice interaction was reflected in the testing record.
Upon information and belief, the Chili’s Tracking Tools loaded during my chilis.com sessions and generated or caused requests reflecting information associated with my activity on the website, including pages viewed, menu pages and categories viewed, items viewed, item selections, and cart or add-to-cart activity, as applicable. This information matters because it was tied to the context and purpose of my chilis.com activity and interactions—including menu pages, items, and categories viewed, item interests, item selections, and cart or add-to-cart activity, as applicable—not merely to a generic visit to a public webpage. Taken together, these identifiers, event signals, and contextual data points could be used by Chili’s, TikTok, Meta, and other recipients or vendors to link my chilis.com activity to my browser, device, session, location, ordering activity, menu interests, item selections, cart activity, or related activity over time. As a result, I lost control over my chilis.com activity and tracking data and was deprived of the ability to make an informed privacy choice.
I contend that this conduct violated Cal. Penal Code § 638.51 because Chili’s 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, menu/content-view, cart-related, checkout-related, event, cookie, IP, user-agent, persistent identifier, hashed matching-related, session, pageview, or similar information about my electronic communications and activity with chilis.com without first obtaining a court order and without my valid consent or other lawful authorization.
I also preserve related claims and theories under Cal. Penal Code § 631 and the Electronic Communications Privacy Act, 18 U.S.C. §§ 2510–2523, to the extent the facts show that Chili’s 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 chilis.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 Chili’s to use, enable, or cause the operation of TikTok Pixel- and Meta Pixel-related tracking technology to capture, record, decode, transmit, or otherwise process my data in the manner described above. To the extent Chili’s contends that its terms of use, privacy policy, cookie policy, or other disclosures provided authorization for the challenged conduct, I dispute that contention. More specifically, I dispute that generalized disclosures concerning cookies, analytics, advertising, service providers, targeted advertising, website measurement, data sharing, or similar practices provided clear, prior, specific, informed, and valid authorization for the challenged tracking activity described in this Notice. Consent is especially lacking to the extent the challenged tracking technology loaded or operated before I had a meaningful opportunity to make a privacy choice, operated despite a rejection of non-essential advertising or analytics technologies or continued after an opt-out request or similar privacy preference signal.
I am not aware of any court order, judicial authorization, statutory authorization, or other lawful authority permitting Chili’s, TikTok, or any related vendor to install, use, or operate the challenged tracking technology in connection with my communications and interactions with chilis.com.
Relief Sought
I seek all relief available under applicable law and any applicable agreement, including statutory damages where available; restitutionary relief and disgorgement; injunctive and equitable relief requiring Chili’s to cease the challenged tracking practices unless and until it obtains valid consent and complies with applicable law; deletion, non-use, or de-identification of data derived from the challenged tracking practices; preservation and disclosure of records; attorneys’ fees, arbitration fees, costs, and any additional relief available under law, contract, arbitration rules, or equity.
My current good-faith demand is $5,000, subject to supplementation after Chili’s provides records sufficient to evaluate the full amount of statutory, actual, equitable, and other relief owed. Because the number, timing, nature, and scope of any violations depend on records presently within Chili’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 Chili’s preserve all records and ESI relating to this dispute, including data, logs, code, configurations, communications, contracts, and materials in Chili’s possession, custody, or control or reasonably accessible through its vendors, service providers, contractors, or agents. Chili’s should suspend any routine deletion, overwriting, rotation, or destruction process that could affect records relevant to my interactions, the challenged tracking, the data collected or transmitted, relief, or resolution. I authorize Chili’s 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 chilis.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 Chili’s an opportunity to discuss an informal resolution of my dispute. Please confirm receipt of this Notice and contact my counsel within 14 business days. If Chili’s 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 60-day period is contractually required, enforceable, or necessary to satisfy any condition precedent, I am willing to allow 60 days after Chili’s 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 through individual arbitration before JAMS. (Brinker, Terms and Conditions (last updated April 9, 2026), https://www.brinker.com/terms-and-conditions).
In doing so, I expressly reserve all arguments and objections to the validity, enforceability, applicability, interpretation, effect, or satisfaction of any Chili’s 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 Chili’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,