Long v. Provide Commerce, Inc.

Provide's (defendant) checkout page displayed a terms-of-use hyperlink, containing an arbitration clause, in light-green font against a lime-green background beneath the checkout box, alongside other unrelated hyperlinks, with no requirement that users click it or any statement that continued use constituted agreement; Long (plaintiff), who had no actual knowledge of the terms, filed a consumer-fraud class action, and Provide moved to compel arbitration based on those terms, which the trial court denied.