In a case between an on-line customer and Barnes & Noble, the Ninth Circuit recently refused to enforce the arbitration agreement found in the website’s “Terms of Use.” Nguyen v. Barnes & Noble Inc., __ F.3d__, 2014 WL 4056549 (9th Cir. Aug. 18, 2014). The decision further calls into question the validity of “browsewrap”
on-line
Terms E-mailed to Internet Customer After Purchase Are Insufficient To Create Binding Agreement to Arbitrate
By Liz Kramer on
Posted in Validity of Arbitration Agreement
In a fascinating decision, the Second Circuit has ruled that an internet merchant cannot compel arbitration with a consumer, when it only emailed the consumer the arbitration agreement after the consumer agreed to the purchase, without any requirement that the consumer affirmatively assent to the term.
In Schnabel v. Trilegiant Corp., __ F.3d __,…