Roblox and Discord to face sexual assault lawsuit in open court

A California court had denied motions by the companies behind Roblox and Discord to require a 10-year-old kidnapping and sexual abuse survivor into confidential arbitration.

The San Mateo County Superior Court determined that the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021 applies to the case and is allowing it to proceed in open court. The court rejected arguments made by Roblox and Discord that the law is limited to workplace disputes or adults on business premises. Instead, the court said the statute can apply to “any case … which relates to the sexual assault dispute.” 

In its ruling, the court said the complaint adequately alleges a “sexual assault dispute” under the federal law, noting that claims against online platforms can relate to such a dispute even if the alleged perpetrator is a third party.

“The court made clear that the EFAA applies broadly,” said Alexandra Walsh, a shareholder at Anapol Weiss, which represents multiple plaintiffs in lawsuits against Roblox. “Companies cannot use arbitration clauses to sidestep federal protections in sexual assault cases involving children.”

Families represented by Anapol Weiss publicly sent letters to the boards of directors of Roblox and Discord, asking that they abandon forced arbitration in cases involving minors. The letters were signed by parents of children who were allegedly exploited on the platforms and urged that such cases be carried out publicly.

The main case centers on a 10-year-old California girl who was allegedly groomed and abducted by a predator she met on Roblox. The lawsuit also names Discord, where the 27-year-old alleged perpetrator is accused of continuing to groom the child. The child was abducted from her home and later found hundreds of miles away following a search.