Ninth Circuit Nixes “Browsewrap” Arbitration Agreement, Even Where Link Appeared Near Buttons
[W]here, as here, there is no evidence that the website user had actual knowledge of the agreement, the validity of the browsewrap agreement turns on whether the website puts a reasonably prudent user on inquiry notice of the terms of the contract. . . . Whether a user has
Id. at *11-12 (internal citations omitted).
The court noted that there was no evidence that the plaintiff had actual knowledge of the agreement. “[T]he proximity or conspicuousness of the hyperlink alone is not enough to give rise to constructive notice . . . .” Id. at *14.
Id. at * 15-16.
Judges and Attorneys:
Before Circuit Judges John T. Noonan and Kim McLane Wardlaw and Senior District Judge Roslyn O. Silver, Senior District
Judge. Judge Noonan delivered the opinion.
Appeal from the Central District of California, Judge Josephine L. Staton presiding.
Michelle C. Doolin (argued), Leo P. Norton, and Erin E. Goodsell, of Cooley LLP, San Diego, California, for Defendant-
Gretchen Carpenter (argued), and Brian R. Strange, of Strange & Carpenter, Los Angeles, California, for Plaintiff-Appellee.