Ninth Circuit Holds “Browsewrap” Agreements Non-Binding Absent Reasonable Notice

October 17th, 2014
Recent Legal News

by Patrick G. MckenzieMorris, Manning & Martin, LLP, Browsewrap

The United States Court of Appeals for the Ninth Circuit (“Ninth Circuit”) recently held in Nguyen v. Barnes & Noble, Inc. that “browsewrap” agreements, even when conspicuous, are non-binding absent reasonable notice of their terms.

In Nguyen, plaintiff Kevin Nguyen ordered various items off of Barnes and Nobles’s (“B&N”) website during a “fire sale,” which were later cancelled by B&N due to lack of availability. Nguyen and others then brought a class action lawsuit against B&N for false advertising and deceptive business practices.

The website’s

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