In several earlier updates, we reported on Seventh Circuit cases striking down arbitration agreements in both the consumer and commercial contexts. A recent Ninth Circuit case helps to establish standards for the enforcement of arbitration clauses in online website terms and conditions for federal courts on the West Coast. (Nguyen v. Barnes & Noble, Inc., No. 12-56628 (9th Cir. Aug. 18, 2014).) In Nguyen, the Ninth Circuit ruled that a browsewrap arbitration agreement did not bind consumers who had made purchases without actual or constructive notice of the agreement.
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