VIA EMAIL
Public Storage
Attn: Dispute Resolution Department
701 Western Avenue
Glendale, California 91201
disputeresolution@publicstorage.com
Re: Pre-Arbitration Notice of Individual Consumer Privacy Dispute
To Whom It May Concern:
I am sending this Notice of Dispute to notify Public Storage, together with its subsidiaries, affiliates, agents, and related entities (collectively, “Public Storage”), of my individual dispute arising from my use of Public Storage’s websites and associated digital services, including publicstorage.com (the “Public Storage Services”) and Public Storage’s use or enablement of third-party tracking code, together with related scripts and processes, to capture, record, decode, read, learn, transmit, disclose, or otherwise process information associated with my electronic communications and interactions without my valid prior consent or other lawful authorization.
Nature and Basis of the Dispute
I personally used the Public Storage Services while I was physically located in {answer_2}. During my use of the Public Storage Services, I {answer_3}, and otherwise communicated and interacted with Public Storage. To the best of my recollection, this use occurred within the applicable limitations period.
When I used the Public Storage Services, I understood that I was communicating and interacting with Public Storage for ordinary storage-, account- or transaction-related purposes. I did not know or understand that information associated with my communications and interactions with Public Storage would be captured, recorded, decoded, transmitted, or otherwise processed through Meta/Facebook-related tracking technology in the manner described below.
Based on my current understanding and counsel’s investigation, Public Storage deployed, enabled, or caused to be deployed or enabled third party tracking code associated with Meta/Facebook and potentially other third parties on the Public Storage Services. Upon information and belief, Meta Pixel operated during my use of the Public Storage Services and caused or permitted the contents of my communications and information associated with my interactions, browser, device, or session to be transmitted or otherwise made available to those third parties. The transmitted information included or reflected, as applicable, pages I viewed or navigated, physical addresses of each storage facility I viewed, my individual search terms, and URL parameters containing my communications. This occurred in real time, while I was actively communicating or interacting with the Public Storage Services, rather than only after my communications had been completed and stored.
Meta Pixel also captured, recorded, transmitted, or otherwise processed non-content routing, addressing, signaling, source-identifying, browser-identifying, device-identifying, session-identifying, event-identifying, and related information associated with my use of the Public Storage Services (e.g., URLs, timestamps, IP-address-related information, browser and device information, user-agent information, cookies, advertising or persistent identifiers, or session identifiers).
This information was tied to the context and purpose of my use of the Public Storage Services—including which locations and unit types I searched for and the specific storage facilities I viewed—and was not limited to information showing only that an unidentified person visited a generic public webpage or opened an application. Taken together, the transmitted communications, contextual information, event signals, and identifiers could permit Public Storage, Meta/Facebook, or other recipients to associate my use of the Public Storage Services with my browser, device, session, approximate location, account, identity, communications, searches, interests, selections, or other activity over time.
I did not provide legally sufficient prior consent or authorization for Meta or another unrelated third party to contemporaneously receive, read, learn, or otherwise acquire the contents of my electronic communications with Public Storage as described above.
As a result of Public Storage’s conduct, I lost control over information associated with my use of the Public Storage Services and was deprived of the ability to make an informed privacy choice. I contend this conduct violated federal and state privacy and anti-wiretapping laws, including laws prohibiting interception, unlawful disclosure or use of intercepted communications, and the procurement, inducement, or assistance of such conduct. This includes related claims and theories under the Federal Wiretap Act, as amended by the Electronic Communications Privacy Act of 1986 (“ECPA”), 18 U.S.C. §§ 2510–2523, and analogous state anti-wiretapping statutes.
I expressly reserve all other statutory, common-law, contract, privacy-policy, consumer-protection, equitable, or related claims or theories that may be supported by the facts and 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, applicable state anti-wiretapping law, and other applicable law. I also seek injunctive relief requiring Public Storage to cease the challenged tracking practices unless and until Public Storage 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 Public Storage an opportunity to resolve this dispute before formal proceedings become necessary. I am willing to engage in good-faith resolution discussions during the 60 days following Public Storage's receipt of this Notice. If the dispute is not resolved, I am prepared to pursue arbitration before JAMS 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 Public Storage 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 Public Storage'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.
Public Storage 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 Public Storage's services, and the information collected, recorded, or transmitted in connection with those interactions.
If Public Storage 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 Public Storage to communicate with my counsel identified below and to produce to them all records and information associated with me, including any confidential information 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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