Tompkins v. 23andMe, Inc.
United States District Court for the Northern District of California
2014 WL 2903752 (2014)
Relevant factsFree
23andMe (defendant) presented its terms of service, including an arbitration clause, only via hyperlink during DNA-kit purchase without requiring acknowledgment, but required customers to affirmatively check a box confirming they read and agreed to the terms during the later account-creation stage needed to actually receive genetic results; customers (plaintiffs) sued and argued they lacked adequate notice of the arbitration clause.
IssueFree
Whether the fact that a website's terms of service are hyperlinked as opposed to presented directly on-screen means that customers lack adequate notice.