“I Agree” Needed To Complete Class Action Waiver, Ninth Circuit Says
August 24, 2014
The case, Nguyen v. Barnes & Noble, Inc., is a reminder that even though the Supreme Court has been making it easier to enforce a class action waiver in an arbitration agreement, companies will not prevail if they can’t make a strong case that the consumer actually read the waiver and agreed to it, explains Seyfarth Shaw attorney Scott M. Pearson.This is another case, he writes, that makes the distinction between “clickwrap” and “browsewrap” agreements. It’s not enough to be able to say the waiver is on the website.
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