Fla. Court Says Judge Must Decide Setting Of Airbnb Fight

Law360 (March 26, 2020, 9:07 PM EDT) -- A Florida appeals court has concluded that a Texas couple who were secretly recorded while staying at an Airbnb property had not clearly agreed to have an arbitrator decide whether their dispute with the short-term rental company must be arbitrated, issuing what the court recognized as an "outlier" ruling.

A three-judge panel for the Lakeland-based District Court of Appeal concluded by majority that a "clickwrap" agreement entered into by the plaintiffs — a Texas couple who had sued as John and Jane Doe for privacy reasons — didn't provide enough evidence that they and Airbnb had "clearly and unmistakably" agreed to...

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