Arbitration Agreement Just A Click Away.

Pursuant to an arbitration clause located on a “Terms of Use” hyperlink on its website, the national bookseller defendant petitioned to compel arbitration in a class action alleging deceptive business practices. The district court denied the petition, finding plaintiff did not unambiguously manifest assent to the arbitration provision contained on the website. The Ninth Circuit agreed with the trial judge, holding plaintiff had insufficient notice of the terms of use and thus, did not enter into an agreement to arbitrate his claims. (Nguyen v. Barnes & Noble Inc. (Ninth Cir.; August 18, 2014) 763 F.3d 1171.)