9th Circ. Says Finding Casino App's Terms Is 'Dumb Luck'

Law360 (December 20, 2019, 9:57 PM EST) -- The Ninth Circuit on Friday affirmed a decision denying Huuuge Inc.’s bid to arbitrate a proposed class action alleging the smartphone casino game maker violated consumer protection laws, saying users would need “Sherlock Holmes’ instincts” or “dumb luck” to find the app's terms of use.

In a 16-page opinion written by U.S. Circuit Judge M. Margaret McKeown, a three-judge panel said Huuuge did not put plaintiff Sean Wilson on notice of its terms, which contain an arbitration provision. In order to find the terms, users would have to seek out or stumble upon the terms.

In an opinion Friday, the Ninth...

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