June 3 (Reuters) - Fox Corp's ( FOXA ) streaming TV
subsidiary Tubi has sued a plaintiffs' law firm for allegedly
manufacturing tens of thousands of meritless discrimination
claims against it in the hopes of coercing a settlement.
In a lawsuit filed Friday in Washington, D.C., federal
court, Tubi accused the firm Keller Postman of filing nearly
24,000 uninvestigated complaints of discrimination with private
arbitration service JAMS, putting the streaming company on the
hook for $48 million in upfront arbitration fees unless it
settled.
Keller Postman in May demanded a total of $71.2 million to
settle the claims, or $3,000 per claimant, Tubi alleged. It
accused the firm of "weaponizing the arbitration process,"
calling it a pioneer of "mass arbitration" that relies on
unethical client solicitation and abuse of arbitration fee
provisions.
"Keller Postman manufactured claims against Tubi, failed to
conduct an investigation to learn specific facts about each of
its clients' claims, and filed tens of thousands of
cookie-cutter claims to force Tubi into an arbitration that
should not be taking place," the lawsuit said.
Keller Postman managing partner Warren Postman said in an
email that Tubi "is pursuing a frivolous claim as a desperate
tactic to evade liability for its discriminatory advertising
practices."
Lawyers for Tubi declined to comment.
Tubi said Keller Postman filed 23,736 arbitration demands
alleging discrimination through targeted advertising based on
age, gender or sex. The demands did not identify the ads or the
claimants' age, gender or sex, the lawsuit said.
JAMS changed its mass arbitration rules on May 1, the
lawsuit said, limiting Tubi's filing fees to $7,500. But the
streaming service said it is still unfairly shelling out tens of
thousands of dollars in arbitration and attorney fees fighting
Keller Postman's claims.
Keller Postman, which was founded in Chicago and has 75
lawyers, is not the first plaintiffs' law firm to be hit with
lawsuits over its arbitration tactics in recent months.
French skincare company L'Occitane accused Zimmerman Reed of
"manufacturing" mass arbitration claims under a California
wiretapping law by having people visit the company's website and
claim their privacy was violated by third-party tracking
software. The lawsuit and arbitration claims were dismissed by a
federal judge in April. Zimmerman Reed denied wrongdoing.
WarnerMedia last month accused Zimmerman Reed lawyers of
signing up as claimants in mass arbitration campaigns against
the company involving two other plaintiffs' firms, in an attempt
to get "improper insight" into how WarnerMedia responded to
demands and settlement offers.
Zimmerman Reed managing partner Caleb Marker criticized
WarnerMedia's effort to disqualify his law firm in an email to
Reuters. The firm has not yet formally replied to WarnerMedia's
petition in New York state court.
The case is Tubi Inc v. Keller Postman LLC, U.S. District
Court for the District of Columbia, No. 1:24-cv-01616
For Tubi: Brandon Fox, Kelly Morrison and Sati Harutyunyan
of Jenner & Block
For Keller Postman: Not yet available
Read more:
WarnerMedia seeks to disqualify mass arbitration firm,
alleges ethics breaches
L'Occitane defeats mass arbitration bid in fight with
consumer law firm