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Consumer Law Keyed to Whaley, 9th Ed.
Nguyen v. Barnes & Noble, Inc.
Citation:
763 F.3d 1171 (2014)Facts
In August 2011, Barnes & Noble participated in a nationwide liquidation of discontinued HP Touchpad tablets, advertising them at heavily discounted prices. Kevin Nguyen acted quickly and purchased two Touchpads through Barnes & Noble’s website on August 21, 2011, receiving an email confirmation of his transaction. The following day, he received another email informing him that his order had been cancelled due to unexpectedly high demand. Nguyen alleged that due to Barnes & Noble’s representations and the delay in notification, he was unable to obtain an HP Tablet during the liquidation period at the discounted price and was forced to purchase substitute tablet technology at considerable expense. Barnes & Noble’s website displayed a “Terms of Use” hyperlink in green, underlined typeface in the bottom left-hand corner of every page, including during the checkout process. The Terms of Use, accessible only by clicking the hyperlink, stated that by visiting the site or making a purchase, users were deemed to have accepted the Terms of Use, which included a binding arbitration provision requiring individual arbitration of all claims and waiving jury trial rights.
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