Henson

We consider whether the defendant, a “middle man” for Internet-based advertisements, may invoke an arbitration provision contained in a contract between the plaintiffs and their wireless service provider,

I. BACKGROUND

Plaintiffs Anthony Henson and William Cintron (collectively, “Henson”) are Verizon 1 cellular and data subscribers. Henson and Verizon’s contractual relationship is governed by the “My Verizon Wireless Customer Agreement” (“Customer Agreement”), which includes an agreement to arbitrate disputes between them. Defendant Turn, Inc. (“Turn”) is a “middle man” for Internet-based advertisements that separately contracts with Verizon to deliver advertisements to Verizon subscribers based on usage data collected from users’ mobile devices. The “Turn Audience Platform Agreement” (“TAP Agreement”) governs Verizon and Turn’s contractual relationship, under which Verizon granted a license to Turn to use its service for targeted advertising in exchange for a percentage of the revenue that Turn received from selling targeted advertising space to its client advertisers.

As a Verizon subscriber, each of Henson’s wireless transmissions contained a Verizon Unique…