2nd Circ. Scraps Arbitration Pact On Subway's 'Cluttered' Site

Law360 (September 16, 2020, 8:26 PM EDT) -- The Second Circuit has affirmed a lower court's decision that shot down Subway's bid to send to arbitration a Bronx man's lawsuit accusing it of violating the Telephone Consumer Protection Act, finding that the agreement isn't binding because the link to it was difficult to locate on a "cluttered" website.

A three-judge panel Tuesday said the terms and conditions on Subway's webpage were "not reasonably clear" to convey to lead plaintiff Luis Arnaud that he was agreeing to arbitration when he entered his personal information on a promotional offer on Subway's website.

"A reasonable user would not find the terms and...

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