VIA USPS PRIORITY MAIL WITH CERTIFIED MAIL—RETURN RECEIPT REQUESTED
Natals, Inc. (d/b/a Ritual)
c/o Incorporating Services, Ltd., Registered Agent
3500 S Dupont Hwy
Dover, DE 19901
Pre-Arbitration Notice of Individual Consumer Privacy Dispute
To Whom It May Concern:
I am sending this Notice of Dispute to notify Natals, Inc. (d/b/a Ritual), together with its subsidiaries, affiliates, agents, and related entities (collectively, “Ritual”), of my individual dispute arising from my use of Ritual’s services and Ritual’s deployment or enablement of third-party tracking code and related technologies in connection with, and during, my electronic communications and interactions with Ritual without my valid prior consent or other lawful authorization.
Nature and Basis of the Dispute
I used Ritual’s services while physically located in {answer_2}. During my use of those services, I {answer_3} and otherwise communicated with Ritual. To the best of my recollection, this use occurred within the applicable limitations period.
Based on my current understanding and counsel’s investigation into Ritual’s tracking practices, Ritual deployed, enabled, or caused the deployment of third-party tracking code on ritual.com. That investigation showed that the tracking code caused or permitted the contents of electronic communications with Ritual, or information reflecting the substance and meaning of those communications, to be contemporaneously transmitted or otherwise made available to third parties. Depending on the interaction, the information transmitted or made available included or reflected URLs and page titles concerning prenatal, postnatal, pregnancy, perimenopause, and other sensitive health-related topics, as well as information concerning users’ interactions with Ritual’s health quizzes. Taken together, these findings support a reasonable inference that Ritual deployed or enabled the challenged tracking code not merely to process sensitive health-related communications between consumers and Ritual, but to facilitate the subsequent profiling, use, disclosure, targeted advertising, marketing, commercial exploitation, or other unlawful downstream use of that information.
Upon information and belief, the challenged tracking code operated in the manner described above in connection with my sensitive, health-related electronic communications and interactions with Ritual, causing or permitting the contents or substance of my communications to be contemporaneously transmitted or otherwise made available to third parties.
I did not provide legally sufficient prior consent or authorization for an unrelated third party to contemporaneously receive, read, learn, or otherwise acquire the contents of my sensitive, health-related electronic communications with Ritual as described above.
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 sensitive, health-related 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 the conduct violated the anti-wiretapping, interception, eavesdropping, and electronic-surveillance laws of the state or states whose law governs my communications, including, to the extent applicable, the California Invasion of Privacy Act (CIPA), California Penal Code §§ 630–638, including Penal Code §§ 631 and 632, and the analogous statutes of any other applicable state.
To the extent applicable to my use of Ritual’s services, including my submission of information through Ritual’s online medical intake process, I further contend that the conduct violated applicable medical- and health-information-privacy laws, including, to the extent California law governs, the California Confidentiality of Medical Information Act, California Civil Code §§ 56 et seq., and the analogous medical- or health-information-confidentiality statutes of any other applicable state.
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 applicable federal and state anti-wiretapping, interception, eavesdropping, and electronic-surveillance laws, and other applicable law. I also seek injunctive relief requiring Ritual to cease the challenged tracking practices unless and until Ritual 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 Ritual an opportunity to resolve this dispute before formal proceedings become necessary. I am willing to engage in good-faith resolution discussions during the 45 days following Ritual’s receipt of this Notice. If the dispute is not resolved, I am prepared to pursue arbitration and pursue any other available remedy.
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 Ritual 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 Ritual’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.
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.
Ritual 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 Ritual, and the information collected, recorded, or transmitted in connection with those interactions.
If Ritual considers this Notice deficient in any manner, please notify my attorneys so that they may consider and respond during the informal-resolution process.
I authorize Ritual 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,
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