Caspi v. Microsoft Network LLC
Superior Court of New Jersey
732 A.2d 528 (N.J. Super. 1999)
Microsoft (defendant) customers nationwide (plaintiffs) sued in New Jersey over the company's online membership agreement, which included a Washington-state forum-selection clause that customers had to click through, along with an I Agree button, during sign-up; the customers had the opportunity to scroll through and read the agreement before accepting but claimed insufficient notice of the forum clause specifically. Microsoft moved to dismiss based on the clause, the trial court granted the motion, and the customers appealed.
Whether a forum-selection clause presented to consumers through a standard clickwrap online agreement is enforceable when the consumers had reasonable notice and an opportunity to review it before accepting.