Atlanta partner Jake Carroll will present, "Online Class Waivers and Arbitration Agreements: Determining Adequate Notice and Consent; Scope of Agreement," for Strafford.
This 90-minute CLE will discuss the enforceability of arbitration agreements with class action waivers in online sale of goods and use of services to consumers.
Many companies have added arbitration agreements with class action waivers to the online sale of goods and use of services to consumers. The enforceability of these agreements is a question of state contract law. Courts will compel arbitration if (1) a valid agreement to arbitrate exists, and (2) the dispute falls within its scope.
An inconspicuous online arbitration agreement with a class waiver through mere use of a website stands little chance of being enforced, so plaintiffs often assert lack of mutual agreement when the relevant terms and arbitration clause were not clearly noticeable. A number of circuit courts and state supreme courts have recently added to the jurisprudence of what constitutes reasonable notice of and assent to online class waivers and what amounts to conspicuous disclosures of terms requiring arbitration.
Recently, some companies have attempted to create "infinite arbitration agreements" whereby buying services or goods from one company operates as an agreement to arbitrate with any other affiliated or related company under any and all circumstances. Significant challenges to this practice are expected.
Listen as the panel of class action attorneys discusses the enforceability of arbitration agreements with class action waivers to the online sale of goods and use of services to consumers.
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Thursday, Jan. 23, 2025
These materials have been prepared for informational purposes only and are not legal advice. This information is not intended to create, and receipt of it does not constitute, an attorney-client relationship. Internet subscribers and online readers should not act upon this information without seeking professional counsel.