Long v. Provide Commerce, Inc.

Plaintiff, on behalf of himself and a putative class of California consumers who purchased flower arrangements through Provide's website, ProFlowers.com, filed suit alleging consumer fraud claims. On appeal, Provide challenges the trial court's order denying its petition to compel arbitration. The Terms of Use on ProFlowers.com fall into a category of Internet contracts commonly referred to as “browsewrap” agreements. Plaintiff opposed the petition to compel arbitration on the ground that he was never prompted to assent to the Terms of Use, nor did he actually read them, prior to placing his order on ProFlowers.com. The court found that the hyperlinks and the overall design of the ProFlowers.com website would not have put a reasonably prudent Internet user on notice of Provide’s Terms of Use, and Plaintiff therefore did not unambiguously assent to the subject arbitration provision simply by placing an order on ProFlowers.com. Accordingly, the court affirmed the judgment. View "Long v. Provide Commerce, Inc." on Justia Law