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Hines v. Overstock.com, Inc.

United States District Court for the Eastern District of New York
668 F.Supp.2d 362 (2009)


Facts

Cynthia Hines (plaintiff) purchased a vacuum cleaner from Overstock.com, Inc.’s (Overstock) (defendant) website. After receiving it Hines returned the vacuum and was reimbursed the full purchase price minus a $30.00 restocking fee. Hines filed suit against Overstock claiming that she had never been advised of a restocking fee and alleged claims of breach of contract, fraud, and a violation of state law. Overstock filed a motion to dismiss the complaint, impose arbitration, or in the alternative, transfer venue. The district court ruled on Overstock’s motion.

Rule of Law

Issue

Holding and Reasoning (Johnson, J.)

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