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Terms of Service Motion to Compel False Advertising

Kilpatrick

California federal court denies motion to compel arbitration because checkout page lacked a sufficient prompt accompanying Terms...

Kilpatrick on

Recently, a California federal court declined to send false pricing class claims to arbitration, holding that while the retailer’s terms of service were reasonably conspicuous, the customer did not unambiguously manifest her...more

Carlton Fields

Ninth Circuit Holds That Arbitration Clause in “Sign-In Wrap Agreement” Is Enforceable

Carlton Fields on

The Ninth Circuit Court of Appeals recently reversed the denial of a motion to compel arbitration after concluding, contrary to the district court’s decision, that a “sign-in wrap agreement” provided conspicuous notice of...more

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