California Federal Court Enforces “clickwrap” Web Agreement and Compels Arbitration of Claims against Google

Last week, a California federal court granted Google’s motion to compel arbitration of claims asserted by customers who alleged that their Fitbit watches burned their skin. The opinion in Houtchens v. Google found that the company’s “clickwrap” agreement put the plaintiffs on “reasonably conspicuous notice” of the company’s terms of service when they created online accounts to purchase the watches.

A clickwrap agreement is one in which an internet user accepts a website’s terms of use by checking an “I agree” box or clicking an “I accept” button after being presented with contract terms and conditions via hyperlink or a scroll box…

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