Nov 132014
 November 13, 2014  Posted by  Business, Court, Featured News

Jeff Kosseff writes:

The Ninth Circuit recently issued two opinions addressing whether companies should require customers to explicitly agree to key provisions of user terms and other policies.

On Monday, a unanimous three-judge panel issued an opinion in Knutson v. Sirius XM Radio.  In this case, the plaintiff purchased a Toyota that included a trial subscription to Sirius.  About a month after his trial subscription began, he received a Welcome Kit that included a customer agreement with an arbitration clause.


The Knutson decision comes a few months after the Ninth Circuit’s opinion in Nguyen v. Barnes & Noble, Inc., in which the Ninth Circuit refused to enforce an arbitration clause on Barnes & Noble’s website’s terms of use.  The terms were made available to users via a link at the bottom of each page of the website.  But the site did not require users to affirmatively agree to the terms, such as by checking a box or clicking “I agree.”

Read more on Covington & Burling InsidePrivacy.

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