Siskopoulos Law Firm, LLP
|Posted on 24 July, 2015 at 14:45|
The United States District Court for the Southern District of New York has held that a plaintiff is bound by an arbitration agreement even when the agreement is solely located in a website hyperlink.
In Whitt v. Prosper Funding LLC et al., the defendant argued that the case should be dismissed as the plaintiff had agreed to arbitration by accepting the terms found in their website. Namely, defendants contended that their website provided as follows: “Clicking the box below constitutes your acceptance of .. . the borrower registration agreement.” The Court noted that "the term 'borrower registration agreement' was conspicuously rendered as a hyperlink to the Agreement itself." The plaintiff contended that "he was not even constructively aware of the terms of the Agreement because those terms were viewable only by following a hyperlink."
Citing precedent, the Court found that the case should be dismissed as the plaintiff agreed to be bound to arbitraion.
Written by: Alexandra Siskopoulos, Esq.
Telephone: (646) 942-1798
Email: [email protected]
Disclaimer: This Blog/Web Site is made available by the lawyer or law firm publisher for educational purposes only as well as to give you general information and a general understanding of the law, not to provide specific legal advice. By using this blog site you understand that there is no attorney client relationship between you and the Blog/Web Site publisher. The Blog/Web Site should not be used as a substitute for competent legal advice from a licensed professional attorney in your state.
Categories: Arbitration Attorneys