A customer argued that he is not bound to the arbitration clause included in Amazon’s conditions of use since August 2011 because he never received notice of the clause or manifested his assent to it. Nonetheless, the customer had made at least 27 purchases through Amazon.com since he received notice of the arbitration clause through this litigation, conduct that “a reasonable person would understand to constitute assent.” The circuit court found it irrelevant that the customer denied ever reading the terms and conditions that included the arbitration clause in connection with his purchases because to be bound “an internet user need not actually read the terms and conditions or click on a hyperlink that makes them available as long as [he] has notice of their existence.” The district court’s ruling compelling the parties to arbitration was affirmed.

Nicosia v. Amazon.com, Inc., No. 19-1833 (2d Cir. June 4, 2020).