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Contracts Keyed to Dawson
Nguyen v. Barnes & Noble Inc.
Citation:
763 F.3d 1171 (9th Cir. 2014)Facts
On August 15, 2011, Barnes & Noble offered Hewlett-Packard Touchpads at a heavily discounted price on its website. Kevin Nguyen purchased two tablets online, received order confirmations, but later received an email stating his order had been canceled due to unexpectedly high demand. Nguyen filed a class action lawsuit alleging deceptive business practices and false advertising. Barnes & Noble moved to compel arbitration based on the arbitration agreement contained in its website’s Terms of Use. These Terms were available via a hyperlink at the bottom of each page of the website, but users were not required to click on the Terms or expressly agree to them before making purchases. Nguyen argued he had no notice of the Terms and therefore could not be bound by the arbitration clause.
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