The Court Also Rejected Argument That Federal Preemption Required Enforcement Of Browserwrap Arbitration Provision.
Plaintiff Brinan Weeks sued Interactive Life Forms, LLC in a putative class action, alleging that it made false claims, alleging "that he purchased a device called a Stamina Training Unit (STU) from the fleshlight.com website (the website) on or around September 21, 2021, on the basis of Interactive’s claims that the device would help him 'perform better,' 'last longer,' and 'improve [his] sexual stamina.'" Weeks v. Interactive Life Forms, LLC, B323430 (2/1 3/25/24) (Weingart, Chaney, Bendix). Interactive Life Forms, LLC tried to enforce an arbitration provision in a browserwrap.
Justice Weingart explains, "Prior cases hold that so-called “browsewrap” provisions on a website, which deem a consumer to have agreed to the website’s terms of use simply by using the website and without taking any affirmative steps to confirm knowledge and acceptance of the terms of use, generally do not form an enforceable agreement to arbitrate under California law." The Court agrees with those prior cases, and also rejects an argument that federal law favoring the enforcement of arbitration agreements preempts California law. The law favoring the enforcement of arbitration agreements still requires that the party seeking arbitration establish the existence of an agreement to arbitrate.
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