United States Second Circuit

In a putative class action against defendants in the business of marketing and selling online programs that offer discounts on goods and services in exchange for a "membership fee," alleging variety of violations including, the Racketeer Influenced and Corrupt Organizations Act, the Electronic Communications Privacy Act, and the California False Advertising Law, district court's denial of defendants' motion to compel arbitration is affirmed where: 1) with regard to the email sent to the plaintiffs after their enrollment, the email did not provide sufficient notice to the plaintiffs of the arbitration provision, and the plaintiffs therefore could not have assented to it solely as a result of their failure to cancel their enrollment in the defendants' service; and 2) with regard to the hyperlink, the defendants forfeited the argument that the plaintiffs were on notice of the arbitration provision through the hyperlink by failing to raise it in the district court.

Appellate Information

• Decided 09/07/2012
• Published 09/07/2012

Judges

• Sack

Court

• United States Second Circuit

Counsel