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Long v. Provide Commerce, Inc.

California Court of Appeal
200 Cal.Rptr.3d 117 (Cal. App. 2016)


Facts

Each page of Provide Commerce Inc.’s (defendant) website, ProFlowers.com, included on the bottom a hyperlink to Provide’s terms of use. The terms of use included a compelled-arbitration clause. Website users were not required to click on the hyperlink or otherwise read or assent to the terms of use to complete a transaction. To complete an order on the website, the user was required to fill out certain fields contained in a big white box in the middle of the page and to click “Submit” within the same box. The background of the webpage was lime green. The terms of use hyperlink appeared in light green font in the lime green background, below the white box. The hyperlink was among other items in the lime green area, such as a VeriSign Secured logo and a hyperlink to the website’s privacy policy. Brett Long (plaintiff) filed a class-action consumer-fraud suit against Provide. Long claimed, and Provide did not dispute, that Long did not have actual knowledge of the terms of use. Provide filed a petition to compel arbitration based on the terms of use. The trial court denied the petition. Provide appealed.

Rule of Law

Issue

Holding and Reasoning (Jones, J.)

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