Starke v. SquareTrade, Inc.

913 F.3d 279 (2019)

From our private database of 45,900+ case briefs, written and edited by humans—never with AI.

Starke v. SquareTrade, Inc.

United States Court of Appeals for the Second Circuit
913 F.3d 279 (2019)

  • Written by Rose VanHofwegen, JD

Facts

Adam Starke (plaintiff) bought a CD player through Staples. He bought a protection plan to cover the CD player from SquareTrade, Inc. (defendant) through Amazon. Had he read through the Product Information and Things to Know on the order page, he would have discovered that SquareTrade plans are valid only for products purchased through Amazon. Had he clicked a warranty link, he could have read presale terms and conditions (T&Cs)—which had no arbitration provision. SquareTrade sent Starke an email with a hyperlink buried at the bottom that linked to his service contract and post-sale T&Cs, which included an arbitration provision. But the email was cluttered with diverse text in multiple colors, sizes, and fonts, distracting buttons, and promotions, and it did not direct Starke to the hyperlink or advise that he was agreeing to contract terms. Starke sent SquareTrade his Staples receipt as directed and received a confirmation back. When the CD player stopped working, SquareTrade denied coverage because it was not purchased through Amazon. Starke sued, and SquareTrade moved to compel arbitration. The court refused, and SquareTrade appealed.

Rule of Law

Issue

Holding and Reasoning (Lynch, J.)

What to do next…

  1. Unlock this case brief with a free (no-commitment) trial membership of Quimbee.

    You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 742,000 law students since 2011. Some law schools—such as Yale, Berkeley, and Northwestern—even subscribe directly to Quimbee for all their law students.

    Unlock this case briefRead our student testimonials
  2. Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.

    Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students.

    Learn about our approachRead more about Quimbee

Here's why 742,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 45,900 briefs, keyed to 984 casebooks. Top-notch customer support.
  • The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
  • Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
  • Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.

Access this case brief for FREE

With a 7-day free trial membership
Here's why 742,000 law students have relied on our case briefs:
  • Reliable - written by law professors and practitioners, not other law students
  • The right length and amount of information - includes the facts, issue, rule of law, holding and reasoning, and any concurrences and dissents
  • Access in your class - works on your mobile and tablet
  • 45,900 briefs - keyed to 984 casebooks
  • Uniform format for every case brief
  • Written in plain English - not in legalese and not just repeating the court's language
  • Massive library of related video lessons - and practice questions
  • Top-notch customer support

Access this case brief for FREE

With a 7-day free trial membership