"Cracking The Clause": Algorithm Harm, Forced Arbitration and The Fight for Justice In Queer Digital Space

This Article presents a novel civil rights challenge to the enforcement of forced arbitration clauses in digital platform contracts, using Davis v. Grindr LLC as a focal point. The case centers on whether Grindr—a widely used LGBTQ+ dating app that curates user interactions through algorithmic design—can plausibly claim neutrality while actively structuring, monetizing, and mediating interpersonal exposure. Drawing on doctrines of proximate cause, affirmative duty, and California Civil Code § 51.9, this Article argues that Grindr functions not as a passive intermediary, but as a service provider with a corresponding duty of care. That duty is breached when the platform fails to act on abuse facilitated by its own engagement-optimized infrastructure. The case also tests the scope of the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2022 (EFAA), raising questions about its applicability to platform-enabled harm. In response, this Article introduces a technical-legal framework—Algorithmic Proximate Harm Detection (APHD)—to help courts identify and quantify digitally mediated risk. Together, these arguments propose a new model of algorithmic liability that links platform design to actionable harm, reframing the legal obligations of digital platforms in the age of predictive matchmaking. This work is written from the perspective of a pro se litigant, adversarial intelligence engineer, and Black trans woman whose community has been disproportionately harmed by platform negligence. It is intended for legal scholars, civil rights advocates, platform accountability researchers, and survivors seeking to understand their rights under the EFAA. Keywords: EFAA; forced arbitration; algorithmic harm; platform liability; Section 230; California Civil Code § 51.9; LGBTQ+ rights; trans rights; sexual harassment; digital civil rights; algorithmic accountability; proximate cause; Grindr; APHD License: Creative Commons Attribution 4.0 International (CC BY 4.0) Resource Type: Preprint / Legal Scholarship Language: English Related Identifiers: Davis v. Grindr LLC, Sacramento Superior Court Case No. 24CV014364 Davis v. Freiermuth, Sacramento