VIA CERTIFIED MAIL—RETURN RECEIPT REQUESTED
Gametime United, Inc.
548 Market Street PMB 70955
San Francisco, CA 94104
Re: Notice of Individual Consumer Privacy Dispute
To Whom It May Concern:
I am sending this Notice of Dispute to notify Gametime United, Inc., together with its subsidiaries, affiliates, agents, and related entities (collectively, “Gametime”), of my individual dispute concerning Gametime’s deployment or enablement of third-party tracking technologies in connection with my electronic communications and interactions with Gametime.
Nature and Basis of the Dispute
I used Gametime’s services while physically located in {answer_2}. During my use of those services, I {answer_3}, and otherwise communicated and interacted with Gametime. To the best of my recollection, this use occurred within the applicable limitations period.
Based on my current understanding and counsel’s investigation into Gametime’s tracking practices, Gametime deployed, enabled, or caused the deployment of tracking code associated with TikTok and Meta/Facebook, including on gametime.co. That investigation showed that the tracking code caused or permitted the contents of electronic communications with Gametime, or information reflecting the substance and meaning of those communications, to be contemporaneously transmitted or otherwise made available to TikTok and Meta/Facebook. Depending on the interaction, the information transmitted or made available included or reflected event and ticket-listing information, seat and price selections, cart and checkout activity, and button-click text. For example, the investigation observed TikTok receive a click event containing the text “CHEAPEST Loge 166 LG, Row J Includes Fees $95/ea,” and observed Meta/Facebook receive AddToCart and InitiateCheckout events tied to a Colorado Rockies at Los Angeles Dodgers ticket listing, reflecting a two-ticket cart and a $190 value. Upon information and belief, the challenged tracking code operated in the manner described above in connection with my electronic communications and interactions with Gametime, causing or permitting the contents or substance of my communications to be contemporaneously transmitted or otherwise made available to TikTok and Meta/Facebook.
I did not provide legally sufficient prior consent or authorization for TikTok and Meta/Facebook or another unrelated third party to contemporaneously receive, read, learn, or otherwise acquire the contents of my electronic communications with Gametime as described above.
Separately, the investigation showed that the challenged tracking code and related technology recorded or decoded non-content dialing, routing, addressing, signaling, or related information associated with electronic communications and interactions with Gametime. This information included or reflected, as applicable, IP addresses, user-agent information, and browser-, device-, cookie-, session-, request-, or other identifiers associated with the source, destination, routing, addressing, or transmission of those communications. Upon information and belief, the challenged tracking technology operated in this manner in connection with my electronic communications and interactions with Gametime, thereby recording or decoding non-content dialing, routing, addressing, signaling, or related information associated with my communications.
Taken together, these findings support a reasonable inference that Gametime deployed or enabled the challenged tracking technology not merely to process my communications, but for the purpose of associating information reflecting their contents or substance with consumer identifiers or persistent behavioral profiles and facilitating the subsequent profiling, use, disclosure, targeted advertising, marketing, or other commercial exploitation of that information.
I contend that the conduct described above violated applicable federal and state anti-wiretapping, interception, eavesdropping, and electronic-surveillance laws, including the federal Wiretap Act, as amended by the Electronic Communications Privacy Act of 1986, 18 U.S.C. §§ 2510–2523, including 18 U.S.C. § 2511, by intentionally intercepting, endeavoring to intercept, procuring, enabling, or otherwise causing the interception of my electronic communications in violation of federal law. These claims include any applicable theories concerning interception, procurement or assistance of interception, and use or disclosure of unlawfully intercepted communications recognized under the law governing my communications.
I further contend that Gametime violated California Penal Code §§ 638.50–638.51 by installing, using, enabling, or causing the use of a pen-register device or process that recorded or decoded non-content dialing, routing, addressing, signaling, or related information associated with my electronic communications, without first obtaining the required court order and without any applicable statutory exception or other lawful authorization.
I reserve all other statutory, common-law, contractual, consumer-protection, privacy, equitable, or related claims, theories, rights, and remedies supported by the facts and applicable law.
Relief Sought
I presently seek $5,000 in monetary relief to resolve this dispute. This amount reflects my present good-faith settlement demand based on the information currently available, including the claims asserted and the remedies potentially available under the federal Wiretap Act, 18 U.S.C. §§ 2510–2523, applicable state anti-wiretapping law, and California Penal Code §§ 638.50–638.51 when applicable, and other applicable law. I also seek injunctive relief requiring Gametime to cease the challenged tracking practices unless and until Gametime brings those practices into compliance with applicable law.
Nothing in this Notice waives any claim, remedy, or right to seek different or additional relief if subsequently discovered facts, applicable law, or the course of proceedings establishes entitlement to such relief. Nor does this Notice constitute any concession concerning the number, measure, or proper unit of violations or damages.
Informal Resolution
I am providing this Notice in good faith to afford Gametime an opportunity to resolve this dispute before formal proceedings become necessary. I am willing to engage in good-faith resolution discussions during the 30 days following Gametime’s receipt of this Notice. If the dispute is not resolved, I am prepared to pursue arbitration before the JAMS forum and pursue any other available remedy. See Gametime, Terms of Use, https://gametime.co/policies/terms-of-service/.
Nothing in this Notice constitutes a concession or waiver concerning the existence, formation, assent to, notice of, applicable version, applicability, scope, interpretation, or enforceability of any arbitration, dispute-resolution, or related procedural provision Gametime may invoke, including any procedures or conditions governing the initiation, administration, or resolution of a dispute. I expressly reject—and do not consent to—any unilateral amendment or modification to Gametime’s terms unless I affirmatively agree in a separate, signed writing. I further reserve all arguments that any purported requirement has been satisfied or substantially complied with, waived or forfeited, excused, inapplicable, or unenforceable. Nothing in this Notice waives any claim, remedy, defense, objection, or right to proceed in any forum otherwise available under applicable law.
Gametime should take reasonable steps to preserve documents and electronically stored information relevant to this dispute, including information concerning the challenged tracking technologies, their configuration and operation, my relevant interactions with Gametime’s services, and the information collected, recorded, or transmitted in connection with those interactions.
This Notice is based on the information currently available and is not intended as an exhaustive statement of all facts, claims, theories, or remedies. I reserve the right to supplement this Notice as additional information becomes available.
If Gametime considers this Notice deficient in any manner, please notify my attorneys so that counsel may consider and respond during the informal-resolution process.
I authorize Gametime to communicate with my counsel identified below and to produce to them all records and information associated with me that are reasonably necessary to evaluate and resolve this dispute.
Please direct all communications concerning this matter to my counsel identified below.
Sincerely,