9th Circ. Nixes Bid To Arbitrate Deceptive Enrollment Suit

Law360, Los Angeles (December 16, 2013, 7:35 PM EST) -- The Ninth Circuit closed the door on Adaptive Marketing LLC’s bid to force arbitration of a putative class action over automatic enrollments in a sex offender report subscription, finding Monday that the named plaintiff hadn’t entered a contract simply by clicking a button that said “Yes.”

The three-judge panel ruled that consumer Donovan Lee hadn’t assented to give up nearly $20 a month for a year just by clicking “Yes” to receive a background check he’d already paid for from a different company, Intelius Inc. In...
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