Hoffman v. Supplements Togo Management, LLC

Hoffman (plaintiff), an attorney and New Jersey resident, bought a dietary supplement through Supplements Togo Management's (STM) (defendant) website, which contained a forum-selection disclaimer requiring all litigation to occur in Nevada; the disclaimer sat at the bottom of a webpage and was invisible unless a purchaser scrolled all the way down, meaning it wasn't visible when adding the product to the cart. Hoffman sued STM in New Jersey for consumer fraud, and the trial court dismissed based on the Nevada forum-selection clause; Hoffman appealed.