Jerez v. JD Closeouts, LLC
Nassau County District Court
943 N.Y.S.2d 392 (2012)
JD Closeouts (defendant), an online retailer, listed a forum-selection clause on a "Terms of Sale" page reachable only through its "About Us" page, designating Broward County, Florida for any disputes. Jerez (plaintiff) bought thousands of pairs of socks through JD's website; when they arrived defective and JD refused a refund, Jerez sued in his home county, Nassau County, New York. JD moved to dismiss based on the forum-selection clause, and Jerez responded that he never saw the clause and it was never brought to his attention during the purchase.
Whether a forum-selection clause is enforceable against an e-commerce buyer when the clause is buried on the seller's website and not reasonably communicated to the buyer.