9th Circ. Judge Mulls Asking Calif. Top Court About T&C Links

Law360 (July 16, 2020, 7:29 PM EDT) -- A Ninth Circuit judge considering a dispute over TurboTax's free-filing practices on Thursday suggested asking the California Supreme Court to clarify what constitutes a conspicuous terms-and-conditions hyperlink, saying state law is unclear and it "seems like a pretty important issue" the state high court should decide.

During a videoconference hearing, Ninth Circuit Judge Andrew D. Hurwitz pointed out repeatedly to Intuit Inc.'s attorney, Rodger Ryan Cole of Fenwick & West LLP, that established case law doesn't address what would constitute a conspicuous hyperlink to a website's terms and conditions. The case law only addresses what is insufficient, the judge said....

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