Long v. Provide Commerce, Inc.
California Court of Appeal
200 Cal. Rptr. 3d 117 (2016)
Relevant factsFree
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.
IssueFree
Whether, absent actual notice, a browsewrap agreement is valid if the website does not put a reasonably prudent user on inquiry notice of the terms of the agreement.