Hines v. Overstock.com, Inc.
United States District Court for the Eastern District of New York
668 F.Supp.2d 362 (2009)
Cynthia Hines (plaintiff) bought a vacuum from Overstock's (defendant) website, returned it, and was reimbursed minus an undisclosed $30 restocking fee she claimed she was never told about; she sued for breach of contract, fraud, and state-law violations, and Overstock moved to dismiss, compel arbitration under its Terms and Conditions, or transfer venue to Utah under a mandatory forum-selection clause contained in a browsewrap agreement accessible only via a hyperlink Hines never had to click through or affirmatively acknowledge.
Whether an Internet purchase agreement that fails to provide a consumer with adequate notice of its terms and conditions is enforceable.