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<b><i>Online Extra</i></b>Ninth Circuit Spurns Web 'Browsewrap' Agreement

By Marisa Kendall
August 28, 2014

The U.S. Court of Appeals for the Ninth Circuit has refused to enforce a so-called “browsewrap” arbitration agreement incorporated into the website of Barnes & Noble Inc. against customers who claim the bookseller reneged on their purchases of discounted computer tablets.

Barnes & Noble did not take adequate steps to assure its customers were aware of an arbitration agreement tucked in the website's terms of use, a unanimous three-judge panel'ruled'on Aug. 18. The panel affirmed the 2012 decision of the Central District of California and denied Barnes & Noble's motion to compel arbitration.

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